House File 2214 - Introduced HOUSE FILE 2214 BY SANDS A BILL FOR An Act relating to relocation of a custodial parent and 1 modification of child custody. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5382YH (3) 86 pf/nh

H.F. 2214 Section 1. Section 598.21D, Code 2016, is amended to read 1 as follows: 2 598.21D Relocation of parent as grounds to modify —— notice 3 —— hearing —— modification of order of child custody. 4 1. If a parent awarded joint legal custody and physical care 5 or sole legal custody is relocating the residence of the minor 6 child to a location which is one hundred fifty miles or more 7 from the residence of the minor child at the time that custody 8 was awarded, the relocating parent shall provide sixty-days’ 9 advance written notice of the intended relocation to the court 10 and to the other parent. The court may consider the relocation 11 a substantial change in circumstances. 12 2. The court shall, upon motion of any party or upon the 13 court’s own motion, schedule a hearing to review the notice 14 of relocation to determine if the relocation is a substantial 15 change in circumstances and if the relocation is in the best 16 interest of the child. The burden of proving that relocation 17 of the residence of the minor child is in the child’s best 18 interest is on the relocating parent. In determining if the 19 relocation is in the best interest of the child, in addition 20 to the factors specified in section 598.41, subsection 3, the 21 court shall consider all of the following: 22 a. The reason for the parent’s relocation. 23 b. The additional costs or difficulty to both parents in 24 exercising visitation. 25 c. The economic resources of both parents. 26 d. Whether the relocation is being made or opposed in 27 good faith and not to interfere with or to frustrate the 28 relationship between the minor child and the other parent or 29 the other parent’s right of access to the minor child. 30 e. The prospective advantage of the relocation for improving 31 the general quality of life for the relocating parent or for 32 the minor child. 33 f. The likelihood that the relocating parent will comply 34 with the custody order. 35 -1- LSB 5382YH (3) 86 pf/nh 1/ 5

H.F. 2214 g. Whether the relocation will allow a realistic opportunity 1 for shared parenting time. 2 h. The extent to which relocating or not relocating will 3 affect the emotional, physical, or developmental well-being and 4 stability of the minor child. 5 i. Other factors the court considers necessary and relevant. 6 3. If the court determines that the relocation is a 7 substantial change in circumstances and is in the best interest 8 of the child , the court shall modify the custody order to, 9 at a minimum, preserve, as nearly as possible, the existing 10 relationship between the minor child and the nonrelocating 11 parent. If modified, the order may include a provision for 12 extended visitation during summer vacations and school breaks 13 and scheduled telephone contact between the nonrelocating 14 parent and the minor child. The modification may include a 15 provision assigning the responsibility for transportation of 16 the minor child for visitation purposes to either or both 17 parents. 18 4. If the court determines that the relocation is a 19 substantial change in circumstances, but is not in the best 20 interest of the child, the court shall do one of the following: 21 a. If the nonrelocating parent has joint legal custody, the 22 court shall modify the custody order to award physical care 23 to the nonrelocating parent and to provide visitation to the 24 relocating parent to, at a minimum, preserve, as nearly as 25 possible, the existing relationship between the minor child and 26 the relocating parent. 27 b. If the relocating parent has sole legal custody, the 28 court shall modify the custody order to provide increased 29 visitation to the nonrelocating parent in addition to that 30 provided under the existing custody order and may include a 31 provision assigning the responsibility for transportation of 32 the minor child for visitation purposes to the relocating 33 parent. 34 5. If the court makes a finding of past interference by 35 -2- LSB 5382YH (3) 86 pf/nh 2/ 5

H.F. 2214 the parent awarded joint legal custody and physical care or 1 sole legal custody with the minor child’s access to the other 2 parent, the court may order the posting of a cash bond to 3 assure future compliance with the visitation provisions of the 4 decree order . The supreme court shall prescribe guidelines 5 for the forfeiting of the bond and restoration of the bond 6 following forfeiting of the bond. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the relocation of a parent with joint 11 legal custody and physical care or sole legal custody of a 12 child. 13 Current law provides that if a parent awarded joint legal 14 custody and physical care or sole legal custody is relocating 15 the residence of the minor child to a location which is 150 16 miles or more from the residence of the minor child at the time 17 that custody was awarded, the court may consider the relocation 18 a substantial change in circumstances. If the court determines 19 that the relocation is a substantial change in circumstances, 20 the court is required to modify the custody order to, at 21 a minimum, preserve, as nearly as possible, the existing 22 relationship between the minor child and the nonrelocating 23 parent. The modification may include a provision for extended 24 visitation during summer vacations and school breaks and 25 scheduled telephone contact between the nonrelocating parent 26 and the minor child, as well as assigning the responsibility 27 for transportation of the minor child to either or both 28 parents. 29 Under the bill, if a parent awarded joint legal custody and 30 physical care or sole legal custody is relocating the residence 31 of the minor child to a location which is 150 miles or more 32 from the residence of the minor child at the time that custody 33 was awarded, the relocating parent is required to provide 34 60-days’ advance written notice of the intended relocation to 35 -3- LSB 5382YH (3) 86 pf/nh 3/ 5

H.F. 2214 the court and to the other parent. Upon motion of any party 1 or upon the court’s own motion, the court shall schedule a 2 hearing to review the notice of relocation to determine if the 3 relocation is a substantial change in circumstances and if the 4 relocation is in the best interest of the child. The burden 5 of proving that relocation is in the child’s best interest is 6 on the relocating parent. In determining if the relocation is 7 in the best interest of the child, in addition to the factors 8 currently specified for the awarding of custody, the bill 9 specifies other factors relating to the relocation that the 10 court shall consider. 11 If the court determines that the relocation is a substantial 12 change in circumstances and is in the best interest of the 13 child, the court shall modify the custody order to, as is 14 currently the law, at a minimum, preserve, as nearly as 15 possible, the existing relationship between the minor child and 16 the nonrelocating parent. If modified, the order may include 17 a provision for extended visitation during summer vacations 18 and school breaks and scheduled telephone contact between the 19 nonrelocating parent and the minor child. The modification 20 may include a provision assigning the responsibility for 21 transportation of the minor child for visitation purposes to 22 either or both parents. 23 If the court determines that the relocation is a substantial 24 change in circumstances, but is not in the best interest of 25 the child, the court shall do one of the following: (1) if 26 the nonrelocating parent has joint legal custody, the court 27 shall modify the custody order to award physical care to 28 the nonrelocating parent and to provide visitation to the 29 relocating parent to, at a minimum, preserve, as nearly as 30 possible, the existing relationship between the minor child 31 and the relocating parent; or (2) if the relocating parent has 32 sole legal custody, the court shall modify the custody order 33 to provide increased visitation to the nonrelocating parent 34 in addition to that provided under the existing custody order 35 -4- LSB 5382YH (3) 86 pf/nh 4/ 5

H.F. 2214 and may include a provision assigning the responsibility for 1 transportation of the minor child for visitation purposes to 2 the relocating parent. 3 -5- LSB 5382YH (3) 86 pf/nh 5/ 5