SF 2041 (LSB 5157XS (9) 89)

SENATE FILE 2041

BY  DICKEY

A BILL FOR

An Act relating to relocation of a minor child’s residence outside the minor child’s established school district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  598.21H  Relocation of minor child’s residence outside established school district —— modification of order of child custody.
   1.  If the provisions of section 598.21D are not applicable, and the intended relocation of a parent awarded joint legal custody and physical care or sole legal custody results specifically in relocating the residence of the minor child to a location outside the minor child’s school district as established at the time custody was awarded, the relocating parent shall provide sixty days’ advance written notice of the intended relocation to the court and to the nonrelocating parent. The court shall consider the relocation a substantial change in circumstances.
   2.  The court shall, upon motion of either party, schedule a hearing to review the notice of relocation to determine if the relocation is in the best interest of the child. The burden of proving that relocation of the residence of the minor child is in the best interest of the child is on the relocating parent. The court’s primary consideration in determining if the relocation is in the best interest of the child shall be the effect of the relocation on the child’s opportunity for maximum continuous physical and emotional contact with both parents rather than any benefit to the relocating parent relating to employment opportunities or personal relationships.
   3.  If the court determines the relocation is in the best interest of the child, the court may modify the custody order to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. The order may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to the relocating parent.
   4.  If the court determines the relocation is not in the best interest of the child and the nonrelocating parent has joint legal custody, but has not been awarded physical care, the court may, upon request of the nonrelocating parent, do one of the following:
   a.  Modify the custody order to award physical care to the nonrelocating parent and to provide visitation to the relocating parent to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the relocating parent.
   b.  Modify the custody order to maintain the award of joint legal custody and physical care with the relocating parent and, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. The order may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to the relocating parent. 
   5.  If the court determines the relocation is not in the best interest of the child and the relocating parent has sole legal custody, upon request of the nonrelocating parent, the court may modify the custody order to provide increased visitation to the nonrelocating parent in addition to that provided under the existing custody order and may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to the relocating parent.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the relocation of a minor child’s residence outside the minor child’s established school district for the purposes of child custody.
   Under current law, Code section 598.21D provides that the relocation of the residence of a minor child to a location which is 150 miles or more from the minor child’s established residence may be considered by the court as a possible substantial change in circumstances for purposes of modification of a child custody order. Under the bill, if those provisions of Code section 598.21D are not applicable, and the intended relocation of a parent awarded joint legal custody and physical care or sole legal custody specifically results in relocating the residence of the minor child to a location which is outside the minor child’s school district as established at the time custody was awarded, the relocating parent shall provide 60 days’ advance written notice of the intended relocation to the court and to the nonrelocating parent. The court shall consider the relocation a substantial change in circumstances.
   The court shall, upon motion of either party, schedule a hearing to review the notice of relocation to determine if the relocation is in the best interest of the child. The burden of proving that relocation of the residence of the minor child is in the best interest of the child is on the relocating parent. The court’s primary consideration in determining if the relocation is in the best interest of the child shall be the effect of the relocation on the child’s opportunity for maximum continuous physical and emotional contact with both parents rather than any benefit to the relocating parent from employment opportunities or personal relationships.
   If the court determines the relocation is in the best interest of the child, the court may modify the custody order to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. The order may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to the relocating parent.
   If the court determines the relocation is not in the best interest of the child, the bill provides that upon the request of the nonrelocating parent, alternatives for modification are available based on whether the nonrelocating parent has joint legal custody but was not awarded physical care or the relocating parent has sole custody of the minor child. If the nonrelocating parent has joint legal custody but was not awarded physical care, the court may modify the custody order to award physical care to the nonrelocating parent and to provide visitation to the relocating parent to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the relocating parent; alternatively, the court may maintain the award of joint legal custody and physical care with the relocating parent and at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. If the court determines the relocation is not in the best interest of the child and the relocating parent has sole legal custody, upon request of the nonrelocating parent, the court shall modify the custody order to provide increased visitation to the nonrelocating parent in addition to that provided under the existing custody order and may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to the relocating parent.