House
File
706
-
Introduced
HOUSE
FILE
706
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
583)
A
BILL
FOR
An
Act
relating
to
replacement
of
the
term
visitation
with
the
1
term
parenting
time
relative
to
time
awarded
to
a
parent.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2595HV
(2)
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H.F.
706
Section
1.
Section
232.2,
subsection
47,
Code
2019,
is
1
amended
to
read
as
follows:
2
47.
“Residual
parental
rights
and
responsibilities”
means
3
those
rights
and
responsibilities
remaining
with
the
parent
4
after
transfer
of
legal
custody
or
guardianship
of
the
person
5
of
the
child.
These
include
but
are
not
limited
to
the
right
of
6
visitation
parenting
time
,
the
right
to
consent
to
adoption,
7
and
the
responsibility
for
support.
8
Sec.
2.
Section
232.102,
subsection
15,
Code
2019,
is
9
amended
to
read
as
follows:
10
15.
Unless
prohibited
by
the
court
order
transferring
11
custody
of
the
child
for
placement
or
other
court
order
or
12
the
department
or
agency
that
received
the
custody
transfer
13
finds
that
allowing
the
visitation
parenting
time
would
not
14
be
in
the
child’s
best
interest,
the
department
or
agency
may
15
authorize
reasonable
visitation
with
the
child
by
the
child’s
16
grandparent,
great-grandparent,
or
other
adult
relative
who
has
17
established
a
substantial
relationship
with
the
child.
18
Sec.
3.
Section
232.103A,
subsection
1,
unnumbered
19
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
20
The
juvenile
court
may
close
a
child
in
need
of
assistance
21
case
by
transferring
jurisdiction
over
the
child’s
custody,
22
physical
care,
and
visitation
parenting
time
to
the
district
23
court
through
a
bridge
order,
if
all
of
the
following
criteria
24
are
met:
25
Sec.
4.
Section
232.103A,
subsection
1,
paragraph
e,
Code
26
2019,
is
amended
to
read
as
follows:
27
e.
The
juvenile
court
has
determined
that
the
child
in
need
28
of
assistance
case
can
safely
close
once
orders
for
custody,
29
physical
care,
and
visitation
parenting
time
are
entered
by
the
30
district
court.
31
Sec.
5.
Section
232.103A,
subsections
3
and
6,
Code
2019,
32
are
amended
to
read
as
follows:
33
3.
The
juvenile
court
shall
designate
the
petitioner
and
34
respondent
for
the
purposes
of
the
bridge
order.
A
bridge
35
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706
order
shall
only
address
matters
of
custody,
physical
care,
1
and
visitation
parenting
time
.
All
other
matters,
including
2
child
support,
shall
be
filed
by
separate
petition
or
by
action
3
of
the
child
support
recovery
unit,
and
shall
be
subject
to
4
existing
applicable
statutory
provisions.
5
6.
Following
the
issuance
of
a
bridge
order,
a
party
6
may
file
a
petition
in
district
court
for
modification
of
7
the
bridge
order
for
custody,
physical
care,
or
visitation
8
parenting
time
.
If
the
petition
for
modification
is
filed
9
within
one
year
of
the
filing
date
of
the
bridge
order,
10
the
party
requesting
modification
shall
not
be
required
to
11
demonstrate
a
substantial
change
of
circumstances
but
instead
12
shall
demonstrate
that
such
modification
is
in
the
best
13
interest
of
the
child.
If
a
petition
for
modification
is
filed
14
within
one
year
of
the
filing
date
of
the
bridge
order,
filing
15
fees
and
other
court
costs
shall
not
be
assessed
against
the
16
parties.
17
Sec.
6.
Section
232.107,
Code
2019,
is
amended
to
read
as
18
follows:
19
232.107
Parent
visitation.
20
If
a
child
is
removed
from
the
child’s
home
in
accordance
21
with
an
order
entered
under
this
division
based
upon
evidence
22
indicating
the
presence
of
an
illegal
drug
in
the
child’s
body,
23
unless
the
court
finds
that
substantial
evidence
exists
to
24
believe
that
reasonable
visitation
parenting
time
or
supervised
25
visitation
parenting
time
would
cause
an
imminent
risk
to
the
26
child’s
life
or
health,
the
order
shall
allow
the
child’s
27
parent
reasonable
visitation
parenting
time
or
supervised
28
visitation
parenting
time
with
the
child.
29
Sec.
7.
Section
236.4,
subsections
2
and
3,
Code
2019,
are
30
amended
to
read
as
follows:
31
2.
The
court
may
enter
any
temporary
order
it
deems
32
necessary
to
protect
the
plaintiff
from
domestic
abuse
prior
33
to
the
hearing,
including
temporary
custody
or
visitation
34
parenting
time
orders
pursuant
to
subsection
3,
upon
good
cause
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shown
in
an
ex
parte
proceeding.
Present
danger
of
domestic
1
abuse
to
the
plaintiff
constitutes
good
cause
for
purposes
of
2
this
subsection
.
A
temporary
order
issued
pursuant
to
this
3
subsection
shall
specifically
include
notice
that
the
person
4
may
be
required
to
relinquish
all
firearms,
offensive
weapons,
5
and
ammunition
upon
the
issuance
of
a
permanent
order
pursuant
6
to
section
236.5
.
7
3.
The
court
may
award
temporary
custody
of
or
establish
8
temporary
visitation
parenting
time
rights
with
regard
to
9
children
under
eighteen
years
of
age.
In
awarding
temporary
10
custody
or
temporary
visitation
parenting
time
rights,
the
11
court
shall
give
primary
consideration
to
the
safety
of
12
the
alleged
victim
and
the
children.
If
the
court
finds
13
that
the
safety
of
the
alleged
victim
or
the
children
will
14
be
jeopardized
by
unsupervised
or
unrestricted
visitation
15
parenting
time
,
the
court
shall
set
conditions
or
restrict
16
visitation
parenting
time
as
to
time,
place,
duration,
or
17
supervision,
or
deny
visitation
parenting
time
entirely,
as
18
needed
to
guard
the
safety
of
the
victim
and
the
children.
19
The
court
shall
also
determine
whether
any
other
existing
20
orders
awarding
custody
or
visitation
parenting
time
should
be
21
modified.
22
Sec.
8.
Section
236.5,
subsection
1,
paragraph
b,
23
subparagraph
(5),
Code
2019,
is
amended
to
read
as
follows:
24
(5)
The
awarding
of
temporary
custody
of
or
establishing
25
temporary
visitation
parenting
time
rights
with
regard
to
26
children
under
eighteen.
27
(a)
In
awarding
temporary
custody
or
temporary
visitation
28
parenting
time
rights,
the
court
shall
give
primary
29
consideration
to
the
safety
of
the
victim
and
the
children.
30
(b)
If
the
court
finds
that
the
safety
of
the
victim
or
the
31
children
will
be
jeopardized
by
unsupervised
or
unrestricted
32
visitation
parenting
time
,
the
court
shall
condition
or
33
restrict
visitation
parenting
time
as
to
time,
place,
duration,
34
or
supervision,
or
deny
visitation
parenting
time
entirely,
as
35
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needed
to
guard
the
safety
of
the
victim
and
the
children.
1
(c)
The
court
shall
also
determine
whether
any
other
2
existing
orders
awarding
custody
or
visitation
parenting
time
3
rights
should
be
modified.
4
(d)
Prior
to
entry
of
an
order
or
agreement
under
this
5
section
that
involves
a
child-custody
determination
as
defined
6
in
section
598B.102
,
the
parties
shall
furnish
information
to
7
the
court
in
compliance
with
section
598B.209
.
8
Sec.
9.
Section
252A.20,
Code
2019,
is
amended
to
read
as
9
follows:
10
252A.20
Limitation
on
actions.
11
Issues
related
to
visitation
parenting
time
,
custody,
or
12
other
provisions
not
related
to
the
support
provisions
of
a
13
support
order
shall
not
be
grounds
for
a
hearing,
modification,
14
adjustment,
or
other
action
under
this
chapter
.
15
Sec.
10.
Section
252B.5,
subsection
12,
paragraph
b,
16
subparagraph
(6),
Code
2019,
is
amended
to
read
as
follows:
17
(6)
Following
issuance
of
a
final
decision
under
chapter
18
17A
that
no
mistake
of
fact
exists,
the
obligor
may
request
a
19
hearing
before
the
district
court
pursuant
to
chapter
17A
.
The
20
department
shall
transmit
a
copy
of
its
record
to
the
district
21
court
pursuant
to
chapter
17A
.
The
scope
of
the
review
by
the
22
district
court
shall
be
limited
to
demonstration
of
a
mistake
23
of
fact.
Issues
related
to
visitation
parenting
time
,
custody,
24
or
other
provisions
not
related
to
the
support
provisions
25
of
a
support
order
are
not
grounds
for
a
hearing
under
this
26
subsection
.
27
Sec.
11.
Section
252B.9A,
subsection
3,
paragraph
a,
28
subparagraph
(2),
Code
2019,
is
amended
to
read
as
follows:
29
(2)
To
make
or
enforce
a
child
custody
or
visitation
30
parenting
time
determination
or
order.
31
Sec.
12.
Section
252B.20A,
subsection
1,
paragraph
b,
Code
32
2019,
is
amended
to
read
as
follows:
33
b.
There
is
no
order
in
effect
regarding
legal
custody,
34
physical
care,
visitation
parenting
time
,
or
other
parenting
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time
for
the
child.
1
Sec.
13.
Section
252D.25,
subsection
1,
Code
2019,
is
2
amended
to
read
as
follows:
3
1.
Issues
related
to
visitation
parenting
time
,
custody,
4
or
other
provisions
not
related
to
the
support
provisions
of
a
5
support
order
are
not
grounds
for
a
motion
to
quash,
revoke,
6
suspend,
or
stay
a
withholding
order.
7
Sec.
14.
Section
252I.8,
subsection
5,
paragraph
g,
Code
8
2019,
is
amended
to
read
as
follows:
9
g.
Issues
related
to
visitation
parenting
time
,
custody,
or
10
other
provisions
not
related
to
levies
against
accounts
are
not
11
grounds
for
a
hearing
under
this
chapter
.
12
Sec.
15.
Section
252J.9,
subsection
4,
Code
2019,
is
amended
13
to
read
as
follows:
14
4.
The
scope
of
review
by
the
district
court
shall
be
15
limited
to
demonstration
of
a
mistake
of
fact
relating
to
16
the
delinquency
of
the
obligor
or
the
noncompliance
of
the
17
individual
with
a
subpoena
or
warrant.
Issues
related
to
18
visitation
parenting
time
,
custody,
or
other
provisions
not
19
related
to
the
support
provisions
of
a
support
order
are
not
20
grounds
for
a
hearing
under
this
chapter
.
21
Sec.
16.
Section
252K.104,
subsection
2,
paragraph
b,
Code
22
2019,
is
amended
to
read
as
follows:
23
b.
Grant
a
tribunal
of
this
state
jurisdiction
to
render
24
judgment
or
issue
an
order
relating
to
child
custody
or
25
visitation
parenting
time
in
a
proceeding
under
this
chapter
.
26
Sec.
17.
Section
252K.305,
subsection
4,
Code
2019,
is
27
amended
to
read
as
follows:
28
4.
A
responding
tribunal
of
this
state
may
not
condition
29
the
payment
of
a
support
order
issued
under
this
chapter
upon
30
compliance
by
a
party
with
provisions
for
visitation
parenting
31
time
.
32
Sec.
18.
Section
598.10,
subsection
1,
paragraph
b,
Code
33
2019,
is
amended
to
read
as
follows:
34
b.
In
order
to
encourage
compliance
with
a
visitation
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parenting
time
order,
a
temporary
order
for
custody
shall
1
provide
for
a
minimum
visitation
parenting
time
schedule
with
2
the
noncustodial
parent,
unless
the
court
determines
that
such
3
visitation
parenting
time
is
not
in
the
best
interest
of
the
4
child.
5
Sec.
19.
Section
598.15,
subsection
1,
Code
2019,
is
amended
6
to
read
as
follows:
7
1.
The
parties
to
any
action
which
involves
the
issues
of
8
child
custody
or
visitation
parenting
time
shall
participate
in
9
a
court-approved
course
to
educate
and
sensitize
the
parties
10
to
the
needs
of
any
child
or
party
during
and
subsequent
to
11
the
proceeding
within
forty-five
days
of
the
service
of
notice
12
and
petition
for
the
action
or
within
forty-five
days
of
the
13
service
of
notice
and
application
for
modification
of
an
14
order.
Participation
in
the
course
may
be
waived
or
delayed
15
by
the
court
for
good
cause
including
but
not
limited
to
a
16
default
by
any
of
the
parties
or
a
showing
that
the
parties
17
have
previously
participated
in
a
court-approved
course
or
its
18
equivalent.
Participation
in
the
course
is
not
required
if
the
19
proceeding
involves
termination
of
parental
rights
of
any
of
20
the
parties.
A
final
decree
shall
not
be
granted
or
a
final
21
order
shall
not
be
entered
until
the
parties
have
complied
with
22
this
section
,
unless
participation
in
the
course
is
waived
or
23
delayed
for
good
cause
or
is
otherwise
not
required
under
this
24
subsection
.
25
Sec.
20.
Section
598.21C,
subsection
7,
Code
2019,
is
26
amended
to
read
as
follows:
27
7.
Modification
by
child
support
recovery
unit.
28
Notwithstanding
any
other
provision
of
law
to
the
contrary,
29
when
an
application
for
modification
or
adjustment
of
support
30
is
submitted
by
the
child
support
recovery
unit,
the
sole
31
issues
which
may
be
considered
by
the
court
in
that
action
are
32
the
application
of
the
guidelines
in
establishing
the
amount
33
of
support
pursuant
to
section
598.21B
,
and
provision
for
34
medical
support
under
chapter
252E
.
When
an
application
for
a
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cost-of-living
alteration
of
support
is
submitted
by
the
child
1
support
recovery
unit
pursuant
to
section
252H.24
,
the
sole
2
issue
which
may
be
considered
by
the
court
in
the
action
is
the
3
application
of
the
cost-of-living
alteration
in
establishing
4
the
amount
of
child
support.
Issues
related
to
custody,
5
visitation
parenting
time
,
or
other
provisions
unrelated
to
6
support
shall
be
considered
only
under
a
separate
application
7
for
modification.
8
Sec.
21.
Section
598.21D,
Code
2019,
is
amended
to
read
as
9
follows:
10
598.21D
Relocation
of
parent
as
grounds
to
modify
order
of
11
child
custody.
12
If
a
parent
awarded
joint
legal
custody
and
physical
13
care
or
sole
legal
custody
is
relocating
the
residence
of
14
the
minor
child
to
a
location
which
is
one
hundred
fifty
15
miles
or
more
from
the
residence
of
the
minor
child
at
the
16
time
that
custody
was
awarded,
the
court
may
consider
the
17
relocation
a
substantial
change
in
circumstances.
If
the
18
court
determines
that
the
relocation
is
a
substantial
change
19
in
circumstances,
the
court
shall
modify
the
custody
order
to,
20
at
a
minimum,
preserve,
as
nearly
as
possible,
the
existing
21
relationship
between
the
minor
child
and
the
nonrelocating
22
parent.
If
modified,
the
order
may
include
a
provision
for
23
extended
visitation
parenting
time
during
summer
vacations
24
and
school
breaks
and
scheduled
telephone
contact
between
the
25
nonrelocating
parent
and
the
minor
child.
The
modification
26
may
include
a
provision
assigning
the
responsibility
for
27
transportation
of
the
minor
child
for
visitation
parenting
28
time
purposes
to
either
or
both
parents.
If
the
court
makes
29
a
finding
of
past
interference
by
the
parent
awarded
joint
30
legal
custody
and
physical
care
or
sole
legal
custody
with
the
31
minor
child’s
access
to
the
other
parent,
the
court
may
order
32
the
posting
of
a
cash
bond
to
assure
future
compliance
with
33
the
visitation
parenting
time
provisions
of
the
decree.
The
34
supreme
court
shall
prescribe
guidelines
for
the
forfeiting
of
35
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the
bond
and
restoration
of
the
bond
following
forfeiting
of
1
the
bond.
2
Sec.
22.
Section
598.23,
subsection
2,
paragraph
b,
Code
3
2019,
is
amended
to
read
as
follows:
4
b.
Modifies
visitation
parenting
time
to
compensate
for
lost
5
visitation
parenting
time
time
or
establishes
joint
custody
for
6
the
child
or
transfers
custody.
7
Sec.
23.
Section
598.41,
subsection
1,
paragraphs
a
and
d,
8
Code
2019,
are
amended
to
read
as
follows:
9
a.
The
court
may
provide
for
joint
custody
of
the
child
10
by
the
parties.
The
court,
insofar
as
is
reasonable
and
in
11
the
best
interest
of
the
child,
shall
order
the
custody
award,
12
including
liberal
visitation
parenting
time
rights
where
13
appropriate,
which
will
assure
the
child
the
opportunity
for
14
the
maximum
continuing
physical
and
emotional
contact
with
15
both
parents
after
the
parents
have
separated
or
dissolved
16
the
marriage,
and
which
will
encourage
parents
to
share
the
17
rights
and
responsibilities
of
raising
the
child
unless
direct
18
physical
harm
or
significant
emotional
harm
to
the
child,
other
19
children,
or
a
parent
is
likely
to
result
from
such
contact
20
with
one
parent.
21
d.
If
a
history
of
domestic
abuse
exists
as
determined
by
a
22
court
pursuant
to
subsection
3
,
paragraph
“j”
,
and
if
a
parent
23
who
is
a
victim
of
such
domestic
abuse
relocates
or
is
absent
24
from
the
home
based
upon
the
fear
of
or
actual
acts
or
threats
25
of
domestic
abuse
perpetrated
by
the
other
parent,
the
court
26
shall
not
consider
the
relocation
or
absence
of
that
parent
27
as
a
factor
against
that
parent
in
the
awarding
of
custody
or
28
visitation
parenting
time
.
29
Sec.
24.
Section
598.41,
subsection
3,
paragraph
i,
Code
30
2019,
is
amended
to
read
as
follows:
31
i.
Whether
the
safety
of
the
child,
other
children,
or
32
the
other
parent
will
be
jeopardized
by
the
awarding
of
joint
33
custody
or
by
unsupervised
or
unrestricted
visitation
parenting
34
time
.
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Sec.
25.
Section
598.41,
subsection
6,
Code
2019,
is
amended
1
to
read
as
follows:
2
6.
If
the
parties
have
more
than
one
minor
child,
and
the
3
court
awards
each
party
the
physical
custody
of
one
or
more
of
4
the
children,
upon
application
by
either
party,
and
if
it
is
5
reasonable
and
in
the
best
interest
of
the
children,
the
court
6
shall
include
a
provision
in
the
custody
order
directing
the
7
parties
to
utilize
parenting
time
to
allow
visitation
between
8
the
children
in
each
party’s
custody.
9
Sec.
26.
Section
598.41A,
Code
2019,
is
amended
to
read
as
10
follows:
11
598.41A
Visitation
Parenting
time
——
history
of
crimes
12
against
a
minor.
13
1.
Notwithstanding
section
598.41
,
the
court
shall
14
consider,
in
the
award
of
visitation
parenting
time
rights
to
15
a
parent
of
a
child,
the
criminal
history
of
the
parent
if
the
16
parent
has
been
convicted
of
a
sex
offense
against
a
minor
as
17
defined
in
section
692A.101
.
18
2.
Notwithstanding
section
598.41
,
an
individual
who
is
19
a
parent
of
a
minor
child
and
who
has
been
convicted
of
a
20
sex
offense
against
a
minor
as
defined
in
section
692A.101
,
21
is
not
entitled
to
visitation
parenting
time
rights
while
22
incarcerated.
While
on
probation,
parole,
or
any
other
type
23
of
conditional
release
including
a
special
sentence
for
such
24
offense,
visitation
parenting
time
shall
be
denied
until
the
25
parent
successfully
completes
a
treatment
program
approved
26
by
the
court,
if
required
by
the
court.
The
circumstances
27
described
in
this
subsection
shall
be
considered
a
substantial
28
change
in
circumstances.
29
Sec.
27.
Section
598.41B,
Code
2019,
is
amended
to
read
as
30
follows:
31
598.41B
Visitation
Parenting
time
——
restrictions
——
murder
32
of
parent.
33
1.
Notwithstanding
section
598.41
,
the
court
shall
not
do
34
either
of
the
following:
35
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a.
Enforce
an
existing
order
awarding
visitation
parenting
1
time
rights
to
a
child’s
parent,
which
was
obtained
prior
to
2
that
parent’s
conviction
for
first
degree
murder
in
the
murder
3
of
the
child’s
other
parent,
unless
such
enforcement
is
in
the
4
best
interest
of
the
child.
5
b.
Award
visitation
parenting
time
rights
to
a
child’s
6
parent
who
has
been
convicted
of
murder
in
the
first
degree
7
of
the
child’s
other
parent,
unless
the
court
finds
that
such
8
visitation
parenting
time
is
in
the
best
interest
of
the
child.
9
2.
In
determining
whether
visitation
parenting
time
would
10
be
in
the
best
interest
of
the
child
pursuant
to
subsection
1
,
11
the
court
shall
consider
all
of
the
following:
12
a.
The
age
and
level
of
maturity
of
the
child.
13
b.
If
the
child
is
developmentally
mature
enough
to
provide
14
assent
and
whether
the
child
does
assent.
15
c.
The
recommendation
of
the
child’s
custodian
or
legal
16
guardian.
17
d.
The
recommendation
of
a
child
counselor
or
mental
health
18
professional
following
evaluation
of
the
child.
19
e.
The
recommendation
of
a
guardian
ad
litem
for
the
20
child
if
one
has
been
appointed
to
represent
the
child
in
the
21
proceeding.
22
f.
Any
other
information
which
the
court
deems
to
be
23
relevant.
24
3.
Until
such
time
as
an
order
regarding
visitation
25
parenting
time
rights
under
subsection
1
is
entered,
the
26
child
of
a
parent
who
has
been
convicted
of
murder
in
the
27
first
degree
of
the
child’s
other
parent
shall
not
visit
have
28
parenting
time
with
the
parent
who
has
been
convicted.
29
Sec.
28.
Section
598B.102,
subsections
3
and
4,
Code
2019,
30
are
amended
to
read
as
follows:
31
3.
“Child-custody
determination”
means
a
judgment,
decree,
32
or
other
order
of
a
court
providing
for
the
legal
custody,
33
physical
custody,
or
visitation
parenting
time
with
respect
to
34
a
child.
The
term
includes
a
permanent,
temporary,
initial,
35
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and
modification
order.
The
term
does
not
include
an
order
1
relating
to
child
support
or
other
monetary
obligation
of
an
2
individual.
3
4.
“Child-custody
proceeding”
means
a
proceeding
in
which
4
legal
custody,
physical
custody,
or
visitation
parenting
time
5
with
respect
to
a
child
is
an
issue.
The
term
includes
a
6
proceeding
for
dissolution
of
marriage,
separation,
neglect,
7
abuse,
dependency,
guardianship,
paternity,
termination
8
of
parental
rights,
and
protection
from
domestic
violence,
9
in
which
the
issue
may
appear.
The
term
does
not
include
10
a
proceeding
involving
juvenile
delinquency,
contractual
11
emancipation,
or
enforcement
under
article
III
.
12
Sec.
29.
Section
598B.209,
subsection
1,
paragraphs
a
and
c,
13
Code
2019,
are
amended
to
read
as
follows:
14
a.
Has
participated,
as
a
party
or
a
witness
or
in
any
other
15
capacity,
in
any
other
proceeding
concerning
the
custody
of
or
16
visitation
parenting
time
with
the
child
and,
if
so,
identify
17
the
court,
the
case
number,
and
the
date
of
the
child-custody
18
determination,
if
any.
19
c.
Knows
the
names
and
addresses
of
any
person
not
a
party
20
to
the
proceeding
who
has
physical
custody
of
the
child
or
21
claims
rights
of
legal
custody
or
physical
custody
of,
or
22
visitation
parenting
time
with,
the
child
and,
if
so,
the
names
23
and
addresses
of
those
persons.
24
Sec.
30.
Section
598B.304,
Code
2019,
is
amended
to
read
as
25
follows:
26
598B.304
Temporary
visitation
parenting
time
.
27
1.
A
court
of
this
state
which
does
not
have
jurisdiction
28
to
modify
a
child-custody
determination
may
issue
a
temporary
29
order
enforcing
any
of
the
following:
30
a.
A
visitation
parenting
time
schedule
made
by
a
court
of
31
another
state.
32
b.
The
visitation
parenting
time
provisions
of
a
33
child-custody
determination
of
another
state
that
does
not
34
provide
for
a
specific
visitation
parenting
time
schedule.
35
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2.
If
a
court
of
this
state
makes
an
order
under
subsection
1
1
,
paragraph
“b”
,
it
shall
specify
in
the
order
a
period
that
it
2
considers
adequate
to
allow
the
petitioner
to
obtain
an
order
3
from
a
court
having
jurisdiction
under
the
criteria
specified
4
in
article
II
.
The
order
remains
in
effect
until
an
order
is
5
obtained
from
the
other
court
or
the
period
expires.
6
Sec.
31.
Section
598B.305,
subsection
1,
paragraph
c,
Code
7
2019,
is
amended
to
read
as
follows:
8
c.
Except
as
otherwise
provided
in
section
598B.209
,
the
9
name
and
address
of
the
person
seeking
registration
and
any
10
parent
or
person
acting
as
a
parent
who
has
been
awarded
11
custody
or
visitation
parenting
time
in
the
child-custody
12
determination
sought
to
be
registered.
13
Sec.
32.
Section
598C.101,
Code
2019,
is
amended
to
read
as
14
follows:
15
598C.101
Short
title.
16
This
chapter
shall
be
known
and
may
be
cited
as
the
“Uniform
17
Deployed
Parents
Custody
and
Visitation
Parenting
Time
Act”
.
18
Sec.
33.
Section
598C.102,
subsections
2
and
6,
Code
2019,
19
are
amended
to
read
as
follows:
20
2.
“Caretaking
authority”
means
the
right
to
live
with
and
21
care
for
a
child
on
a
day-to-day
basis.
“Caretaking
authority”
22
relative
to
a
child
includes
physical
custody,
parenting
time,
23
and
right
to
access
,
and
visitation
.
24
6.
“Custodial
responsibility”
includes
all
powers
and
duties
25
relating
to
caretaking
authority
and
decision-making
authority
26
for
a
child.
“Custodial
responsibility”
includes
physical
27
custody,
legal
custody,
parenting
time,
right
to
access,
28
visitation
parenting
time
,
and
authority
to
grant
limited
29
contact
with
a
child.
30
Sec.
34.
Section
598C.403,
Code
2019,
is
amended
to
read
as
31
follows:
32
598C.403
Visitation
Parenting
time
before
termination
of
33
temporary
grant
of
custodial
responsibility.
34
After
a
deploying
parent
returns
from
deployment
and
until
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a
temporary
agreement
or
order
for
custodial
responsibility
1
established
under
article
II
or
III
is
terminated,
the
court
2
may
issue
a
temporary
order
granting
the
deploying
parent
3
reasonable
contact
with
the
child
unless
it
is
contrary
to
4
the
best
interest
of
the
child,
which
may
include
additional
5
contact
time
to
compensate
for
contact
time
lost
during
6
deployment.
7
Sec.
35.
Section
598C.501,
Code
2019,
is
amended
to
read
as
8
follows:
9
598C.501
Uniformity
of
application
and
construction.
10
This
chapter
shall
be
applied
and
construed
with
11
consideration
given
to
the
need
to
promote
uniformity
of
the
12
law
with
respect
to
its
subject
matter
among
states
that
enact
13
the
uniform
deployed
parents
custody
and
visitation
parenting
14
time
Act.
15
Sec.
36.
Section
600.11,
subsection
2,
paragraph
a,
16
subparagraph
(5),
Code
2019,
is
amended
to
read
as
follows:
17
(5)
A
person
who
has
been
granted
visitation
parenting
time
18
rights
with
the
child
to
be
adopted
pursuant
to
section
600C.1
.
19
Sec.
37.
Section
600B.26,
Code
2019,
is
amended
to
read
as
20
follows:
21
600B.26
Payment
of
attorney
fees.
22
In
a
proceeding
to
determine
custody
or
visitation
parenting
23
time
,
or
to
modify
a
paternity,
custody,
or
visitation
24
parenting
time
order
under
this
chapter
,
the
court
may
award
25
the
prevailing
party
reasonable
attorney
fees.
26
Sec.
38.
Section
600B.40,
Code
2019,
is
amended
to
read
as
27
follows:
28
600B.40
Custody
and
visitation
parenting
time
.
29
1.
The
mother
of
a
child
born
out
of
wedlock
whose
paternity
30
has
not
been
acknowledged
and
who
has
not
been
adopted
has
sole
31
custody
of
the
child
unless
the
court
orders
otherwise.
If
32
a
judgment
of
paternity
is
entered,
the
father
may
petition
33
for
rights
of
visitation
parenting
time
or
custody
in
the
same
34
paternity
action
or
in
an
equity
proceeding
separate
from
any
35
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action
to
establish
paternity.
1
2.
In
determining
the
visitation
parenting
time
or
custody
2
arrangements
of
a
child
born
out
of
wedlock,
if
a
judgment
3
of
paternity
is
entered
and
the
mother
of
the
child
has
not
4
been
awarded
sole
custody,
section
598.41
shall
apply
to
the
5
determination,
as
applicable,
and
the
court
shall
consider
the
6
factors
specified
in
section
598.41,
subsection
3
,
including
7
but
not
limited
to
the
factor
related
to
a
parent’s
history
of
8
domestic
abuse.
9
3.
In
a
proceeding
under
this
chapter
to
determine
custody
10
or
visitation
parenting
time
or
to
modify
a
custody
or
11
visitation
parenting
time
order,
section
598.15
shall
apply
to
12
the
parties.
13
Sec.
39.
Section
600B.40A,
Code
2019,
is
amended
to
read
as
14
follows:
15
600B.40A
Temporary
orders
——
support,
custody,
or
visitation
16
parenting
time
of
a
child.
17
Upon
petition
of
either
parent
in
a
proceeding
involving
18
support,
custody,
or
visitation
parenting
time
of
a
child
for
19
whom
paternity
has
been
established
and
whose
mother
and
father
20
have
not
been
and
are
not
married
to
each
other
at
the
time
21
of
filing
of
the
petition,
the
court
may
issue
a
temporary
22
order
for
support,
custody,
or
visitation
parenting
time
of
the
23
child.
The
temporary
orders
shall
be
made
in
accordance
with
24
the
provisions
relating
to
issuance
of
and
changes
in
temporary
25
orders
for
support,
custody,
or
visitation
parenting
time
of
26
a
child
by
the
court
in
a
dissolution
of
marriage
proceeding
27
pursuant
to
chapter
598
.
28
Sec.
40.
Section
600B.41A,
subsection
6,
paragraph
b,
Code
29
2019,
is
amended
to
read
as
follows:
30
b.
If
the
court
dismisses
the
action
to
overcome
paternity
31
and
preserves
the
paternity
determination
under
this
32
subsection
,
the
court
shall
enter
an
order
establishing
that
33
the
parent-child
relationship
exists
between
the
established
34
father
and
the
child,
and
including
establishment
of
a
support
35
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H.F.
706
obligation
pursuant
to
section
598.21B
and
provision
of
custody
1
and
visitation
parenting
time
pursuant
to
section
598.41
.
2
Sec.
41.
Section
600B.41A,
subsection
10,
Code
2019,
is
3
amended
to
read
as
follows:
4
10.
Unless
specifically
addressed
in
an
order
entered
5
pursuant
to
this
section
,
provisions
previously
established
by
6
the
court
order
regarding
custody
or
visitation
parenting
time
7
of
the
child
are
unaffected
by
an
action
brought
under
this
8
section
.
9
Sec.
42.
Section
710.6,
subsection
2,
Code
2019,
is
amended
10
to
read
as
follows:
11
2.
A
parent
of
a
child
living
apart
from
the
other
parent
12
who
conceals
that
child
or
causes
that
child’s
whereabouts
to
13
be
unknown
to
a
parent
with
visitation
parenting
time
rights
or
14
parental
time
in
violation
of
a
court
order
granting
visitation
15
parenting
time
rights
or
parental
time
and
without
the
other
16
parent’s
consent,
commits
a
serious
misdemeanor.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
replaces
the
term
“visitation”
with
the
term
21
“parenting
time”
relative
to
the
rights
awarded
a
parent
to
22
time
with
the
parent’s
child.
The
bill
does
not
replace
23
references
to
“visitation”
in
the
context
of
sibling
visitation
24
or
grandparent
and
great-grandparent
visitation.
25
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