House File 12 - Introduced HOUSE FILE 12 BY WOLFE A BILL FOR An Act relating to the awarding of extraordinary visitation to 1 a noncustodial parent. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1724HH (3) 87 pf/nh

H.F. 12 Section 1. Section 598.41, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6A. a. If joint legal custody is awarded 3 to both parents, but joint physical care is not awarded to both 4 parents under subsection 5, paragraph “a” , upon the request of 5 the noncustodial parent, the court shall award extraordinary 6 visitation to the noncustodial parent, unless the court makes a 7 finding of fact that awarding extraordinary visitation to the 8 noncustodial parent is not in the best interest of the child. 9 b. For the purposes of this subsection: 10 (1) “Days of visitation” means overnight visits spent with 11 the noncustodial parent during which the noncustodial parent 12 cares for the child. 13 (2) “Extraordinary visitation” means an award of visitation 14 that exceeds one hundred twenty-seven days of visitation per 15 year but does not equal joint physical care. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill provides that if joint legal custody is awarded 20 to both parents, but joint physical care is not awarded to 21 both parents, upon the request of the noncustodial parent, 22 the court shall award extraordinary visitation to the 23 noncustodial parent, unless the court makes a finding of fact 24 that awarding extraordinary visitation to the noncustodial 25 parent is not in the best interest of the child. The bill 26 defines “extraordinary visitation” based upon the child 27 support guidelines definition of “extraordinary visitation”. 28 The child support guidelines consider an award of visitation 29 to be “extraordinary visitation”, for the purposes of the 30 noncustodial parent receiving a credit toward the noncustodial 31 parent’s child support obligation, if the noncustodial parent’s 32 court-ordered days of visitation exceed 127 days per year but 33 does not equal joint physical care. For the purposes of the 34 bill, “days of visitation” means overnight visits spent with 35 -1- LSB 1724HH (3) 87 pf/nh 1/ 2

H.F. 12 the noncustodial parent during which the noncustodial parent 1 cares for the child. 2 -2- LSB 1724HH (3) 87 pf/nh 2/ 2