S.F. _____ DIVISION I 1 ARTICLE I 2 GENERAL PROVISIONS 3 Section 1. NEW SECTION . 598C.101 Short title. 4 This chapter shall be known and may be cited as the “Uniform 5 Deployed Parents Custody and Visitation Act” . 6 Sec. 2. NEW SECTION . 598C.102 Definitions. 7 As used in this chapter, unless the context otherwise 8 requires: 9 1. “Adult” means an individual who has attained eighteen 10 years of age or is an emancipated minor. 11 2. “Caretaking authority” means the right to live with and 12 care for a child on a day-to-day basis. “Caretaking authority” 13 relative to a child includes physical custody, parenting time, 14 right to access, and visitation. 15 3. “Child” means any of the following: 16 a. An unemancipated individual who has not attained eighteen 17 years of age. 18 b. An adult son or daughter by birth or adoption, or under 19 a law of this state other than this chapter, who is the subject 20 of a court order concerning custodial responsibility. 21 4. “Close and substantial relationship” means a relationship 22 in which a significant bond exists between a child and a 23 nonparent. 24 5. “Court” means a tribunal, including an administrative 25 agency, authorized under a law of this state other than this 26 chapter to make, enforce, or modify a decision regarding 27 custodial responsibility. 28 6. “Custodial responsibility” includes all powers and 29 duties relating to caretaking authority and decision-making 30 authority for a child. “Custodial responsibility” includes 31 physical custody, legal custody, parenting time, right to 32 access, visitation, and authority to grant limited contact with 33 a child. 34 7. “Decision-making authority” means the power to make 35 -1- LSB 5559XC (10) 86 pf/rj 1/ 21

S.F. _____ important decisions regarding a child, including decisions 1 regarding the child’s education, religious training, health 2 care, extracurricular activities, and travel. “Decision-making 3 authority” does not include the power to make decisions that 4 necessarily accompany a grant of caretaking authority. 5 8. “Deploying parent” means a service member who is deployed 6 or has been notified of impending deployment and is any of the 7 following: 8 a. A parent of a child under a law of this state other than 9 this chapter. 10 b. An individual who has custodial responsibility for a 11 child under law of this state other than this chapter. 12 9. “Deployment” means the movement or mobilization of a 13 service member for more than ninety days but less than eighteen 14 months pursuant to uniformed service orders that meet any of 15 the following conditions: 16 a. Are designated as unaccompanied. 17 b. Do not authorize dependent travel. 18 c. Otherwise do not permit the movement of family members to 19 the location to which the service member is deployed. 20 10. “Family member” means a sibling, aunt, uncle, cousin, 21 stepparent, or grandparent of a child or an individual 22 recognized to be in a familial relationship with a child under 23 a law of this state other than this chapter. 24 11. “Limited contact” means the authority of a nonparent to 25 visit a child for a limited time. “Limited contact” includes 26 authority to take the child to a place other than the residence 27 of the child. 28 12. “Nonparent” means an individual other than a deploying 29 parent or other parent. 30 13. “Other parent” means an individual who, in common with a 31 deploying parent, is one of the following: 32 a. A parent of a child under a law of this state other than 33 this chapter. 34 b. An individual who has custodial responsibility for a 35 -2- LSB 5559XC (10) 86 pf/rj 2/ 21

S.F. _____ child under a law of this state other than this chapter. 1 14. “Record” means information that is inscribed on a 2 tangible medium or that is stored in an electronic or other 3 medium and is retrievable in perceivable form. 4 15. “Return from deployment” means the conclusion of a 5 service member’s deployment as specified in uniformed service 6 orders, less any terminal, medical, or annual leave authorized 7 to the service member. 8 16. “Service member” means a member of a uniformed service. 9 17. “Sign” means, with present intent to authenticate or 10 adopt a record, to execute or adopt a tangible symbol or to 11 attach to or logically associate with the record an electronic 12 symbol, sound, or process. 13 18. “State” means a state of the United States, the District 14 of Columbia, Puerto Rico, the United States Virgin Islands, or 15 any territory or insular possession subject to the jurisdiction 16 of the United States. 17 19. “Uniformed service” means any of the following: 18 a. Active and reserve components of the army, navy, air 19 force, marine corps, or coast guard of the United States; the 20 United States merchant marine; the commissioned corps of the 21 United States public health service; or the commissioned corps 22 of the national oceanic and atmospheric administration of the 23 United States. 24 b. The national guard of a state, whether or not activation 25 or performance of duties is pursuant to federal or to state 26 authority. 27 Sec. 3. NEW SECTION . 598C.103 Remedies for noncompliance. 28 In addition to other remedies under a law of this state 29 other than this chapter, if a court finds that a party 30 to a proceeding under this chapter has acted in bad faith 31 or intentionally failed to comply with this chapter or a 32 court order issued under this chapter, the court may assess 33 reasonable attorney fees and costs against the party and order 34 other appropriate relief. 35 -3- LSB 5559XC (10) 86 pf/rj 3/ 21

S.F. _____ Sec. 4. NEW SECTION . 598C.104 Jurisdiction. 1 1. A court may issue an order regarding custodial 2 responsibility under this chapter only if the court has 3 jurisdiction under chapter 598B, the uniform child-custody 4 jurisdiction and enforcement Act. 5 2. If a court has issued a temporary order regarding 6 custodial responsibility pursuant to article III, the residence 7 of the deploying parent is not changed by reason of the 8 deployment for the purposes of chapter 598B, the uniform 9 child-custody jurisdiction and enforcement Act, during the 10 deployment. 11 3. If a court has issued a permanent order regarding 12 custodial responsibility before notice of deployment and the 13 parents modify that order temporarily by agreement pursuant 14 to article II, the residence of the deploying parent is not 15 changed by reason of the deployment for the purposes of chapter 16 598B, the uniform child-custody jurisdiction and enforcement 17 Act. 18 4. If a court in another state has issued a temporary order 19 regarding custodial responsibility as a result of impending 20 or current deployment, the residence of the deploying parent 21 is not changed by reason of the deployment for the purposes 22 of chapter 598B, the uniform child-custody jurisdiction and 23 enforcement Act. 24 5. This section does not prevent a court from exercising 25 temporary emergency jurisdiction under chapter 598B, the 26 uniform child-custody jurisdiction and enforcement Act. 27 Sec. 5. NEW SECTION . 598C.105 Notification required of 28 deploying parent. 29 1. Except as otherwise provided in subsection 4, and 30 subject to subsection 3, a deploying parent shall notify the 31 other parent, in a record, of a pending deployment, not later 32 than seven days after receiving notice of deployment, unless 33 reasonably prevented from doing so by the circumstances of 34 service. If the circumstances of service prevent giving 35 -4- LSB 5559XC (10) 86 pf/rj 4/ 21

S.F. _____ notification within the seven days, the deploying parent shall 1 give the notification as soon as reasonably possible. 2 2. Except as otherwise provided in subsection 4, and subject 3 to subsection 3, each parent shall provide the other parent 4 with a plan in a record for fulfilling that parent’s share 5 of custodial responsibility during deployment. Each parent 6 shall provide the plan as soon as reasonably possible after 7 notification of deployment is given under subsection 1. 8 3. If a court order currently in effect prohibits disclosure 9 of the address or contact information of the other parent, 10 notification of deployment under subsection 1 or notification 11 of a plan for custodial responsibility during deployment under 12 subsection 2 may be made only to the issuing court. If the 13 address of the other parent is available to the issuing court, 14 the court shall forward the notification to the other parent. 15 The court shall keep confidential the address or contact 16 information of the other parent. 17 4. Notification in a record under subsection 1 or 2 is not 18 required if the parents are living in the same residence and 19 both parents have actual notice of the deployment or plan. 20 5. In a proceeding regarding custodial responsibility, a 21 court may consider the reasonableness of a parent’s efforts to 22 comply with this section. 23 Sec. 6. NEW SECTION . 598C.106 Duty to notify of change of 24 address. 25 1. Except as otherwise provided in subsection 2, an 26 individual to whom custodial responsibility has been granted 27 during deployment pursuant to article II or III shall notify 28 in a record the deploying parent, and any other individual 29 with custodial responsibility for a child, of any change of 30 the individual’s mailing address or residence until the grant 31 is terminated. The individual shall provide the notice to 32 any court that has issued a custody or child support order 33 concerning the child which is currently in effect. 34 2. If a court order currently in effect prohibits disclosure 35 -5- LSB 5559XC (10) 86 pf/rj 5/ 21

S.F. _____ of the address or contact information of an individual to whom 1 custodial responsibility has been granted, a notification under 2 subsection 1 may be made only to the court that issued the 3 order. The court shall keep confidential the mailing address 4 or residence of the individual to whom custodial responsibility 5 has been granted. 6 Sec. 7. NEW SECTION . 598C.107 General consideration in 7 custody proceeding of parent’s military service. 8 In a proceeding for custodial responsibility of a child 9 of a service member, a court shall not consider a parent’s 10 past deployment or probable future deployment in general in 11 determining the best interest of the child, but may consider 12 any distinct, identifiable, and significant impact on the best 13 interest of the child of the parent’s past or probable future 14 deployment. 15 ARTICLE II 16 AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT 17 Sec. 8. NEW SECTION . 598C.201 Form of agreement. 18 1. The parents of a child may enter into a temporary 19 agreement under this article granting custodial responsibility 20 during deployment. 21 2. An agreement under subsection 1 shall comply with all of 22 the following: 23 a. Be in writing. 24 b. Be signed by both parents and any nonparent to whom 25 custodial responsibility is granted. 26 3. Subject to subsection 4, an agreement under subsection 1, 27 if feasible, must provide all of the following: 28 a. Identify the destination, duration, and conditions of the 29 deployment that is the basis for the agreement. 30 b. Specify the allocation of caretaking authority among the 31 deploying parent, the other parent, and any nonparent. 32 c. Specify any decision-making authority that accompanies a 33 grant of caretaking authority. 34 d. Specify any grant of limited contact to a nonparent. 35 -6- LSB 5559XC (10) 86 pf/rj 6/ 21

S.F. _____ e. If under the agreement custodial responsibility is shared 1 by the other parent and a nonparent, or by other nonparents, 2 provide a process to resolve any dispute that may arise. 3 f. Specify the frequency, duration, and means, including 4 electronic means, by which the deploying parent will have 5 contact with the child, any role to be played by the other 6 parent in facilitating the contact, and the allocation of any 7 costs of contact. 8 g. Specify the contact between the deploying parent and 9 child during the time the deploying parent is on leave or is 10 otherwise available. 11 h. Acknowledge that any parent’s child support obligation 12 cannot be modified by the agreement, and that changing the 13 terms of the child support obligation during deployment 14 requires modification in the appropriate court. 15 i. Provide that the agreement will terminate according to 16 the procedures under article IV after the deploying parent 17 returns from deployment. 18 j. If the agreement must be filed pursuant to section 19 598C.205, specify which parent is required to file the 20 agreement. 21 4. The omission of any of the items specified in subsection 22 3 does not invalidate an agreement under this section. 23 Sec. 9. NEW SECTION . 598C.202 Nature of authority created 24 by agreement. 25 1. An agreement under this article is temporary and 26 terminates pursuant to article IV after the deploying parent 27 returns from deployment, unless the agreement has been 28 terminated before that time by court order or modification 29 under section 598C.203. The agreement does not create an 30 independent, continuing right to caretaking authority, 31 decision-making authority, or limited contact in an individual 32 to whom custodial responsibility is given. 33 2. A nonparent who has caretaking authority, 34 decision-making authority, or limited contact by an agreement 35 -7- LSB 5559XC (10) 86 pf/rj 7/ 21

S.F. _____ under this article has standing to enforce the agreement until 1 it has been terminated by court order, by modification under 2 section 598C.203, or under article IV. 3 Sec. 10. NEW SECTION . 598C.203 Modification of agreement. 4 1. By mutual consent, the parents of a child may modify an 5 agreement regarding custodial responsibility made pursuant to 6 this article. 7 2. If an agreement is modified under subsection 1 before 8 deployment of a deploying parent, the modification must be in 9 writing and signed by both parents and any nonparent who will 10 exercise custodial responsibility under the modified agreement. 11 3. If an agreement is modified under subsection 1 during 12 deployment of a deploying parent, the modification must be 13 agreed to in a record by both parents and any nonparent who 14 will exercise custodial responsibility under the modified 15 agreement. 16 Sec. 11. NEW SECTION . 598C.204 Power of attorney. 17 A deploying parent, by power of attorney, may delegate all 18 or part of the deploying parent’s custodial responsibility to 19 an adult nonparent for the period of deployment if no other 20 parent possesses custodial responsibility under a law of this 21 state other than this chapter, or if a court order currently 22 in effect prohibits contact between the child and the other 23 parent. The deploying parent may revoke the power of attorney 24 by signing a revocation of the power of attorney. 25 Sec. 12. NEW SECTION . 598C.205 Filing agreement or power 26 of attorney with court. 27 An agreement or power of attorney under this article must be 28 filed within a reasonable time with any court that has entered 29 an order on custodial responsibility or child support that 30 is in effect concerning the child who is the subject of the 31 agreement or power of attorney. The case number and heading of 32 the pending case concerning custodial responsibility or child 33 support must be provided to the court with the agreement or 34 power of attorney. 35 -8- LSB 5559XC (10) 86 pf/rj 8/ 21

S.F. _____ ARTICLE III 1 JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING 2 DEPLOYMENT 3 Sec. 13. NEW SECTION . 598C.301 Proceeding for temporary 4 custody order. 5 1. After a deploying parent receives notice of deployment 6 and until the deployment terminates, a court may issue a 7 temporary order granting custodial responsibility unless 8 prohibited by the federal Servicemembers Civil Relief Act, 50 9 U.S.C. app. §§521 and 522. A court shall not issue a permanent 10 order granting custodial responsibility without the consent of 11 the deploying parent. 12 2. At any time after a deploying parent receives notice of 13 deployment, either parent may file a motion regarding custodial 14 responsibility of a child during deployment. The motion must 15 be filed in a pending proceeding for custodial responsibility 16 in a court with jurisdiction under section 598C.104 or, if 17 there is no pending proceeding in a court with jurisdiction 18 under section 598C.104, in a new action for granting custodial 19 responsibility during deployment. 20 Sec. 14. NEW SECTION . 598C.302 Expedited hearing. 21 If a motion to grant custodial responsibility is filed under 22 section 598C.301, subsection 2, before a deploying parent 23 deploys, the court shall conduct an expedited hearing. 24 Sec. 15. NEW SECTION . 598C.303 Testimony by electronic 25 means. 26 In a proceeding under this article, a party or witness 27 who is not reasonably available to appear personally may 28 appear, provide testimony, and present evidence by electronic 29 means unless the court finds good cause to require a personal 30 appearance. For purposes of this section, “electronic means” 31 includes communication by telephone, video conference, or the 32 internet. 33 Sec. 16. NEW SECTION . 598C.304 Effect of prior judicial 34 order or agreement. 35 -9- LSB 5559XC (10) 86 pf/rj 9/ 21

S.F. _____ In a proceeding for a grant of custodial responsibility 1 pursuant to this article, the following rules shall apply: 2 1. A prior judicial order designating custodial 3 responsibility in the event of deployment is binding on the 4 court unless the circumstances meet the requirements of a law 5 of this state other than this chapter for modifying a judicial 6 order regarding custodial responsibility. 7 2. The court shall enforce a prior written agreement 8 between the parents for designating custodial responsibility 9 in the event of deployment, including an agreement executed 10 under article II, unless the court finds that the agreement is 11 contrary to the best interest of the child. 12 Sec. 17. NEW SECTION . 598C.305 Grant of caretaking or 13 decision-making authority to nonparent. 14 1. On motion of a deploying parent and in accordance with a 15 law of this state other than this chapter, if it is in the best 16 interest of the child, a court may grant caretaking authority 17 to a nonparent who is an adult family member of the child 18 or an adult with whom the child has a close and substantial 19 relationship. 20 2. Unless a grant of caretaking authority to a nonparent 21 under subsection 1 is agreed to by the other parent, the grant 22 is limited to an amount of time not greater than one of the 23 following: 24 a. The amount of time granted to the deploying parent under 25 a permanent custody order, but the court may add unusual travel 26 time necessary to transport the child. 27 b. In the absence of a permanent custody order that is 28 currently in effect, the amount of time that the deploying 29 parent habitually cared for the child before being notified of 30 deployment, but the court may add unusual travel time necessary 31 to transport the child. 32 3. A court may grant part of a deploying parent’s 33 decision-making authority, if the deploying parent is unable to 34 exercise that authority, to a nonparent who is an adult family 35 -10- LSB 5559XC (10) 86 pf/rj 10/ 21

S.F. _____ member of the child or an adult with whom the child has a close 1 and substantial relationship. If a court grants the authority 2 to a nonparent, the court shall specify the decision-making 3 powers granted, including decisions regarding the child’s 4 education, religious training, health care, extracurricular 5 activities, and travel. 6 4. In determining the best interest of the child, the court 7 shall ensure all of the following: 8 a. That the specified adult family member or adult with whom 9 the child has a close and substantial relationship is not a sex 10 offender as defined in section 692A.101. 11 b. That the specified adult family member or adult with 12 whom the child has a close and substantial relationship does 13 not have a history of domestic abuse, as defined in section 14 236.2. In determining whether a history of domestic abuse 15 exists, the court’s consideration shall include but is not 16 limited to commencement of an action pursuant to section 236.3, 17 the issuance of a protective order against the individual or 18 the issuance of a court order or consent agreement pursuant 19 to section 236.5, the issuance of an emergency order pursuant 20 to section 236.6, the holding of an individual in contempt 21 pursuant to section 664A.7, the response of a peace officer 22 to the scene of alleged domestic abuse or the arrest of an 23 individual following response to a report of alleged domestic 24 abuse, or a conviction for domestic abuse assault pursuant to 25 section 708.2A. 26 c. That the specified adult family member or adult with whom 27 the child has a close and substantial relationship does not 28 have a record of founded child or dependent adult abuse. 29 d. That the specified adult family member or adult has 30 established a close and substantial relationship with the child 31 and that granting caretaking authority or decision-making 32 authority to the specified individual will provide the child 33 the opportunity to maintain an ongoing relationship that is 34 important to the child. 35 -11- LSB 5559XC (10) 86 pf/rj 11/ 21

S.F. _____ e. That the specified adult family member or adult with whom 1 the child has a close and substantial relationship demonstrates 2 an ability to personally and financially support the child 3 and will support the child’s relationship with both of the 4 child’s parents during the grant of caretaking authority or 5 decision-making authority. 6 Sec. 18. NEW SECTION . 598C.306 Grant of limited contact. 7 On motion of a deploying parent, and in accordance with a law 8 of this state other than this chapter, unless the court finds 9 that the contact would be contrary to the best interest of the 10 child, a court shall grant limited contact to a nonparent who 11 is a family member of the child or an individual with whom the 12 child has a close and substantial relationship. 13 Sec. 19. NEW SECTION . 598C.307 Nature of authority created 14 by temporary custody order. 15 1. A grant of authority under this article is temporary and 16 terminates under article IV after the return from deployment 17 of the deploying parent, unless the grant has been terminated 18 before that time by court order. The grant does not create 19 an independent, continuing right to caretaking authority, 20 decision-making authority, or limited contact in an individual 21 to whom it is granted. 22 2. A nonparent granted caretaking authority, 23 decision-making authority, or limited contact under this 24 article has standing to enforce the grant until it is 25 terminated by court order or under article IV. 26 Sec. 20. NEW SECTION . 598C.308 Content of temporary custody 27 order. 28 1. An order granting custodial responsibility under this 29 article must do all of the following: 30 a. Designate the order as temporary. 31 b. Identify to the extent feasible the destination, 32 duration, and conditions of the deployment. 33 2. If applicable, an order for custodial responsibility 34 under this article must do all of the following: 35 -12- LSB 5559XC (10) 86 pf/rj 12/ 21

S.F. _____ a. Specify the allocation of caretaking authority, 1 decision-making authority, or limited contact among the 2 deploying parent, the other parent, and any nonparent. 3 b. If the order divides caretaking authority or 4 decision-making authority between individuals, or grants 5 caretaking authority to one individual and limited contact to 6 another, provide a process to resolve any dispute that may 7 arise. 8 c. Provide for liberal communication between the deploying 9 parent and the child during deployment, including through 10 electronic means, unless contrary to the best interest of the 11 child, and allocate any costs of communications. 12 d. Provide for liberal contact between the deploying parent 13 and the child during the time the deploying parent is on leave 14 or otherwise available, unless contrary to the best interest 15 of the child. 16 e. Provide for reasonable contact between the deploying 17 parent and the child after return from deployment until the 18 temporary order is terminated, even if the time of contact 19 exceeds the time the deploying parent spent with the child 20 before entry of the temporary order. 21 f. Provide that the order will terminate pursuant to article 22 IV after the deploying parent returns from deployment. 23 Sec. 21. NEW SECTION . 598C.309 Order for child support. 24 If a court has issued an order granting caretaking authority 25 under this article, or an agreement granting caretaking 26 authority has been executed under article II, the court may 27 enter a temporary order for child support consistent with a 28 law of this state other than this chapter if the court has 29 jurisdiction under chapter 598B, the uniform child-custody 30 jurisdiction and enforcement Act. 31 Sec. 22. NEW SECTION . 598C.310 Modifying or terminating 32 grant of custodial responsibility to nonparent. 33 1. Except for an order under section 598C.304, and except 34 as otherwise provided in subsection 2, and consistent with 35 -13- LSB 5559XC (10) 86 pf/rj 13/ 21

S.F. _____ the federal Servicemembers Civil Relief Act, 50 U.S.C. app. 1 §§521 and 522, on motion of a deploying or other parent or 2 any nonparent to whom caretaking authority, decision-making 3 authority, or limited contact has been granted, the court 4 may modify or terminate the grant if the modification or 5 termination is consistent with this article and it is in the 6 best interest of the child. A modification is temporary and 7 terminates pursuant to article IV after the deploying parent 8 returns from deployment, unless the grant has been terminated 9 before that time by court order. 10 2. On motion of a deploying parent, the court shall 11 terminate a grant of limited contact. 12 ARTICLE IV 13 RETURN FROM DEPLOYMENT 14 Sec. 23. NEW SECTION . 598C.401 Procedure for terminating 15 temporary grant of custodial responsibility established by 16 agreement. 17 1. At any time after return from deployment, a temporary 18 agreement granting custodial responsibility under article II 19 may be terminated by an agreement to terminate signed by the 20 deploying parent and the other parent. 21 2. A temporary agreement under article II granting 22 custodial responsibility terminates on one of the following 23 dates: 24 a. If an agreement to terminate under subsection 1 specifies 25 a date for termination, on that date. 26 b. If the agreement to terminate does not specify a date, on 27 the date of the last signature of the deploying parent or the 28 other parent. 29 3. In the absence of an agreement under subsection 1 30 to terminate, a temporary agreement granting custodial 31 responsibility terminates under article II sixty days after the 32 deploying parent gives notice in a record to the other parent 33 that the deploying parent returned from deployment. 34 4. If a temporary agreement granting custodial 35 -14- LSB 5559XC (10) 86 pf/rj 14/ 21

S.F. _____ responsibility was filed with a court pursuant to section 1 598C.205, an agreement to terminate the temporary agreement 2 also must be filed with that court within a reasonable time 3 after the signing of the agreement. The case number and 4 heading of the case concerning custodial responsibility or 5 child support must be provided to the court with the agreement 6 to terminate. 7 Sec. 24. NEW SECTION . 598C.402 Consent procedure for 8 terminating temporary grant of custodial responsibility 9 established by court order. 10 At any time after a deploying parent returns from 11 deployment, the deploying parent and the other parent may file 12 with the court an agreement to terminate a temporary order for 13 custodial responsibility issued under article III. After an 14 agreement to terminate has been filed, the court shall issue 15 an order terminating the temporary order effective on the date 16 specified in the agreement. If a date is not specified, the 17 order is effective immediately. 18 Sec. 25. NEW SECTION . 598C.403 Visitation before 19 termination of temporary grant of custodial responsibility. 20 After a deploying parent returns from deployment and until 21 a temporary agreement or order for custodial responsibility 22 established under article II or III is terminated, the court 23 shall issue a temporary order granting the deploying parent 24 reasonable contact with the child unless it is contrary to the 25 best interest of the child, even if the time of contact exceeds 26 the time the deploying parent spent with the child before 27 deployment. 28 Sec. 26. NEW SECTION . 598C.404 Termination by operation of 29 law of temporary grant of custodial responsibility established 30 by court order. 31 1. If an agreement between the parties to terminate a 32 temporary order for custodial responsibility under article III 33 has not been filed, the order terminates sixty days after the 34 deploying parent gives notice in a record to the other parent 35 -15- LSB 5559XC (10) 86 pf/rj 15/ 21

S.F. _____ and any nonparent granted custodial responsibility that the 1 deploying parent has returned from deployment. 2 2. A proceeding seeking to prevent termination of a 3 temporary order for custodial responsibility is governed by the 4 law of this state other than this chapter. 5 ARTICLE V 6 MISCELLANEOUS PROVISIONS 7 Sec. 27. NEW SECTION . 598C.501 Uniformity of application 8 and construction. 9 This chapter shall be applied and construed with 10 consideration given to the need to promote uniformity of the 11 law with respect to its subject matter among states that enact 12 the uniform deployed parents custody and visitation Act. 13 Sec. 28. NEW SECTION . 598C.502 Relation to Electronic 14 Signatures in Global and National Commerce Act. 15 This chapter modifies, limits, and supersedes the federal 16 Electronic Signatures in Global and National Commerce Act, 15 17 U.S.C. §7001 et seq., but does not modify, limit, or supersede 18 section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize 19 electronic delivery of any of the notices described in section 20 103(b) of that Act, 15 U.S.C. §7003(b). 21 Sec. 29. NEW SECTION . 598C.503 Applicability. 22 This chapter does not affect the validity of a temporary 23 court order concerning custodial responsibility during 24 deployment which was entered before July 1, 2016. 25 DIVISION II 26 Sec. 30. REPEAL. Sections 598.41C and 598.41D, Code 2016, 27 are repealed. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill creates the “Uniform Deployed Parents Custody and 32 Visitation Act” to provide a uniform interstate process for 33 deployed parents to affect the custody and visitation of their 34 children. 35 -16- LSB 5559XC (10) 86 pf/rj 16/ 21

S.F. _____ The bill provides definitions including for “caretaking 1 authority”, “close and substantial relationship”, “custodial 2 responsibility”, “decision-making authority”, “deploying 3 parent”, “deployment”, “family member”, “nonparent”, “other 4 parent”, “return from deployment”, “service member”, and 5 “uniformed service”. 6 The bill provides remedies for noncompliance with 7 a proceeding under the new Code chapter, provides for 8 jurisdiction of a court if the court has jurisdiction under 9 Code chapter 598B, the uniform child-custody jurisdiction 10 and enforcement Act, and other specifications relating to 11 jurisdiction of the court relative to Code chapter 598B. 12 The bill provides for required notice by a deploying 13 parent of the other parent of a pending deployment, requires 14 each parent to provide the other parent with a plan for 15 fulfilling that parent’s share of custodial responsibility 16 during deployment, provides for nondisclosure of address and 17 contact information of the other parent if such information is 18 prohibited, and provides that notification is not required if 19 the parents are living in the same residence and both parents 20 have actual notice of the deployment or plan. 21 The bill requires an individual to whom custodial 22 responsibility has been granted during deployment to notify 23 in a record the deploying parent and any other individual 24 with custodial responsibility of a child of any change of the 25 individual’s mailing address or residence until the grant is 26 terminated, unless the disclosure is otherwise prohibited. The 27 individual is also required to provide the notice to any court 28 that has issued a custody or child support order concerning the 29 child currently in effect. 30 In a proceeding under the new Code chapter for custodial 31 responsibility of a child of a service member, a court shall 32 not consider a parent’s past deployment or probable future 33 deployment in general in determining the best interest of 34 the child, but may consider any distinct, identifiable, and 35 -17- LSB 5559XC (10) 86 pf/rj 17/ 21

S.F. _____ significant impact on the best interest of the child of the 1 parent’s past or probable future deployment. 2 The bill provides for the entering of an agreement 3 addressing custodial responsibility during deployment, 4 specifying the form of the agreement and the specific 5 information to be included in an agreement. The bill provides 6 that any authority created under the new Code chapter is 7 temporary and terminates after the deploying parent returns 8 from deployment, unless the agreement has been terminated 9 before that time by court order or modification. The agreement 10 does not create an independent, continuing right to caretaking 11 authority, decision-making authority, or limited contact in 12 an individual to whom custodial responsibility is given. 13 A nonparent who has caretaking authority, decision-making 14 authority, or limited contact by an agreement has standing to 15 enforce the agreement until it has been terminated by court 16 order, by modification. 17 The agreement may be modified by mutual consent of the 18 parents of a child. 19 The bill provides that a deploying parent may also delegate 20 all or part of the parent’s custodial responsibility to an 21 adult nonparent during the period of deployment by executing 22 a power of attorney, and may revoke the power of attorney by 23 signing a revocation of the power of attorney. 24 An agreement or power of attorney under the new Code chapter 25 must be filed within a reasonable time with any court that has 26 entered an order on custodial responsibility or child support 27 that is in effect concerning the child who is the subject of 28 the agreement or power of attorney. 29 The bill also provides a judicial procedure for granting 30 custodial responsibility during deployment. After a deploying 31 parent receives notice of deployment and until the deployment 32 terminates, a court may issue a temporary order granting 33 custodial responsibility unless prohibited by the federal 34 Servicemembers Civil Relief Act. A court shall not issue a 35 -18- LSB 5559XC (10) 86 pf/rj 18/ 21

S.F. _____ permanent order granting custodial responsibility without the 1 consent of the deploying parent. 2 At any time after a deploying parent receives notice of 3 deployment, either parent may file a motion regarding custodial 4 responsibility of a child during deployment. If a parent’s 5 motion for custodial responsibility is granted by the court , 6 the court shall conduct an expedited hearing. Provision is 7 made for a party or witness who is not reasonably available to 8 appear personally to appear, provide testimony, and present 9 evidence by electronic means unless the court finds good cause 10 to require a personal appearance. In a proceeding for a grant 11 of custodial responsibility, a prior judicial order designating 12 custodial responsibility in the event of deployment is binding 13 on the court unless the circumstances meet the requirements 14 of a law of this state other than this new Code chapter for 15 modifying a judicial order regarding custodial responsibility. 16 Additionally, the court shall enforce a prior written agreement 17 between the parents for designating custodial responsibility 18 in the event of deployment, including an agreement executed 19 under this new Code chapter, unless the court finds that the 20 agreement is contrary to the best interest of the child. 21 The bill provides for the granting of caretaking authority 22 or decision-making authority to an adult nonparent who is a 23 family member or to an adult who has a close and substantial 24 relationship with the child, and specifies what the court must 25 ensure in determining the best interest of the child. The 26 court may also grant limited contact to a nonparent who is an 27 adult family member of the child or an individual with whom the 28 child has a close and substantial relationship. 29 A grant of authority by the court is temporary and terminates 30 after the return from deployment of the deploying parent, 31 unless the grant has been terminated before that time by court 32 order. The grant does not create an independent, continuing 33 right to caretaking authority, decision-making authority, 34 or limited contact in an individual to whom it is granted. 35 -19- LSB 5559XC (10) 86 pf/rj 19/ 21

S.F. _____ A nonparent granted caretaking authority, decision-making 1 authority, or limited contact has standing to enforce the grant 2 until it is terminated. 3 The bill specifies the content of the temporary custody 4 order, and provides that if a court has issued an order 5 granting caretaking authority or an agreement granting 6 caretaking authority has been made, the court may enter a 7 temporary order for child support consistent with law of 8 this state other than this new Code chapter if the court 9 has jurisdiction under Code chapter 598B. Unless otherwise 10 provided, on the motion of a deploying or other parent or 11 any nonparent to whom caretaking authority, decision-making 12 authority, or limited contact has been granted, the court 13 may modify or terminate the grant if the modification or 14 termination is consistent with other provisions of the bill 15 and is in the best interest of the child. A modification 16 is temporary and terminates after the parent returns from 17 deployment, unless the grant has been terminated before that 18 time by court order. The court shall terminate a grant of 19 limited contact on the motion of a deploying parent. 20 The bill provides the procedure for terminating the 21 temporary grant of custodial responsibility established by 22 agreement or by order of the court and provides for visitation 23 by the deploying parent with the child until the temporary 24 agreement or order is terminated. 25 The bill provides that in applying and construing the new 26 Code chapter, consideration shall be given to the need to 27 promote uniformity of the law with respect to its subject 28 matter among states that enact it. The bill specifies the 29 relationship of the provisions of the bill to the federal 30 Electronic Signatures in Global and National Commerce Act, 31 and provides that the bill does not affect the validity of 32 a temporary court order concerning custodial responsibility 33 during deployment which was entered before July 1, 2016. 34 The bill repeals two existing sections of the Code relating 35 -20- LSB 5559XC (10) 86 pf/rj 20/ 21