S.F. 2041 Section 1. NEW SECTION . 598.21H Relocation of minor child’s 1 residence outside established school district —— modification of 2 order of child custody. 3 1. If the provisions of section 598.21D are not applicable, 4 and the intended relocation of a parent awarded joint legal 5 custody and physical care or sole legal custody results 6 specifically in relocating the residence of the minor child 7 to a location outside the minor child’s school district as 8 established at the time custody was awarded, the relocating 9 parent shall provide sixty days’ advance written notice of 10 the intended relocation to the court and to the nonrelocating 11 parent. The court shall consider the relocation a substantial 12 change in circumstances. 13 2. The court shall, upon motion of either party, schedule a 14 hearing to review the notice of relocation to determine if the 15 relocation is in the best interest of the child. The burden of 16 proving that relocation of the residence of the minor child is 17 in the best interest of the child is on the relocating parent. 18 The court’s primary consideration in determining if the 19 relocation is in the best interest of the child shall be the 20 effect of the relocation on the child’s opportunity for maximum 21 continuous physical and emotional contact with both parents 22 rather than any benefit to the relocating parent relating to 23 employment opportunities or personal relationships. 24 3. If the court determines the relocation is in the best 25 interest of the child, the court may modify the custody order 26 to, at a minimum, preserve, as nearly as possible, the existing 27 relationship between the minor child and the nonrelocating 28 parent. The order may include a provision assigning the 29 responsibility for transportation of the minor child for 30 visitation purposes to the relocating parent. 31 4. If the court determines the relocation is not in the 32 best interest of the child and the nonrelocating parent has 33 joint legal custody, but has not been awarded physical care, 34 the court may, upon request of the nonrelocating parent, do one 35 -1- LSB 5157XS (9) 89 pf/rh 1/ 4

S.F. 2041 of the following: 1 a. Modify the custody order to award physical care to 2 the nonrelocating parent and to provide visitation to the 3 relocating parent to, at a minimum, preserve, as nearly as 4 possible, the existing relationship between the minor child and 5 the relocating parent. 6 b. Modify the custody order to maintain the award of joint 7 legal custody and physical care with the relocating parent and, 8 at a minimum, preserve, as nearly as possible, the existing 9 relationship between the minor child and the nonrelocating 10 parent. The order may include a provision assigning the 11 responsibility for transportation of the minor child for 12 visitation purposes to the relocating parent. 13 5. If the court determines the relocation is not in the best 14 interest of the child and the relocating parent has sole legal 15 custody, upon request of the nonrelocating parent, the court 16 may modify the custody order to provide increased visitation to 17 the nonrelocating parent in addition to that provided under the 18 existing custody order and may include a provision assigning 19 the responsibility for transportation of the minor child for 20 visitation purposes to the relocating parent. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the relocation of a minor child’s 25 residence outside the minor child’s established school district 26 for the purposes of child custody. 27 Under current law, Code section 598.21D provides that 28 the relocation of the residence of a minor child to a 29 location which is 150 miles or more from the minor child’s 30 established residence may be considered by the court as a 31 possible substantial change in circumstances for purposes of 32 modification of a child custody order. Under the bill, if 33 those provisions of Code section 598.21D are not applicable, 34 and the intended relocation of a parent awarded joint legal 35 -2- LSB 5157XS (9) 89 pf/rh 2/ 4

S.F. 2041 custody and physical care or sole legal custody specifically 1 results in relocating the residence of the minor child to a 2 location which is outside the minor child’s school district as 3 established at the time custody was awarded, the relocating 4 parent shall provide 60 days’ advance written notice of the 5 intended relocation to the court and to the nonrelocating 6 parent. The court shall consider the relocation a substantial 7 change in circumstances. 8 The court shall, upon motion of either party, schedule a 9 hearing to review the notice of relocation to determine if the 10 relocation is in the best interest of the child. The burden 11 of proving that relocation of the residence of the minor child 12 is in the best interest of the child is on the relocating 13 parent. The court’s primary consideration in determining if 14 the relocation is in the best interest of the child shall be 15 the effect of the relocation on the child’s opportunity for 16 maximum continuous physical and emotional contact with both 17 parents rather than any benefit to the relocating parent from 18 employment opportunities or personal relationships. 19 If the court determines the relocation is in the best 20 interest of the child, the court may modify the custody order 21 to, at a minimum, preserve, as nearly as possible, the existing 22 relationship between the minor child and the nonrelocating 23 parent. The order may include a provision assigning the 24 responsibility for transportation of the minor child for 25 visitation purposes to the relocating parent. 26 If the court determines the relocation is not in the best 27 interest of the child, the bill provides that upon the request 28 of the nonrelocating parent, alternatives for modification 29 are available based on whether the nonrelocating parent has 30 joint legal custody but was not awarded physical care or the 31 relocating parent has sole custody of the minor child. If 32 the nonrelocating parent has joint legal custody but was 33 not awarded physical care, the court may modify the custody 34 order to award physical care to the nonrelocating parent 35 -3- LSB 5157XS (9) 89 pf/rh 3/ 4

S.F. 2041 and to provide visitation to the relocating parent to, at 1 a minimum, preserve, as nearly as possible, the existing 2 relationship between the minor child and the relocating parent; 3 alternatively, the court may maintain the award of joint legal 4 custody and physical care with the relocating parent and at 5 a minimum, preserve, as nearly as possible, the existing 6 relationship between the minor child and the nonrelocating 7 parent. If the court determines the relocation is not in the 8 best interest of the child and the relocating parent has sole 9 legal custody, upon request of the nonrelocating parent, the 10 court shall modify the custody order to provide increased 11 visitation to the nonrelocating parent in addition to that 12 provided under the existing custody order and may include a 13 provision assigning the responsibility for transportation of 14 the minor child for visitation purposes to the relocating 15 parent. 16 -4- LSB 5157XS (9) 89 pf/rh 4/ 4