House Study Bill 505 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) 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 TLSB 5419YC (4) 90 pf/ko
H.F. _____ Section 1. Section 232.2, subsection 57, Code 2024, is 1 amended to read as follows: 2 57. “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 232.103A, subsection 1, unnumbered 9 paragraph 1, Code 2024, is amended to read as follows: 10 The juvenile court may close a child in need of assistance 11 case by transferring jurisdiction over the child’s custody, 12 physical care, and visitation parenting time to the district 13 court through a bridge order, if all of the following criteria 14 are met: 15 Sec. 3. Section 232.103A, subsection 1, paragraph e, Code 16 2024, is amended to read as follows: 17 e. The juvenile court has determined that the child in need 18 of assistance case can safely close once orders for custody, 19 physical care, and visitation parenting time are entered by the 20 district court. 21 Sec. 4. Section 232.103A, subsections 3 and 6, Code 2024, 22 are amended to read as follows: 23 3. The juvenile court shall designate the petitioner and 24 respondent for the purposes of the bridge order. A bridge 25 order shall only address matters of custody, physical care, 26 and visitation parenting time . All other matters, including 27 child support, shall be filed by separate petition or by action 28 of child support services, and shall be subject to existing 29 applicable statutory provisions. 30 6. Following the issuance of a bridge order, a party 31 may file a petition in district court for modification of 32 the bridge order for custody, physical care, or visitation 33 parenting time . If the petition for modification is filed 34 within one year of the filing date of the bridge order, 35 -1- LSB 5419YC (4) 90 pf/ko 1/ 16
H.F. _____ the party requesting modification shall not be required to 1 demonstrate a substantial change of circumstances but instead 2 shall demonstrate that such modification is in the best 3 interest of the child. If a petition for modification is filed 4 within one year of the filing date of the bridge order, filing 5 fees and other court costs shall not be assessed against the 6 parties. 7 Sec. 5. Section 232.117, subsection 4, Code 2024, is amended 8 to read as follows: 9 4. If the court orders a termination of parental rights 10 and siblings are not placed together but have an existing 11 relationship, the court shall order ongoing contact between 12 the siblings in accordance with section 232.108 if the court 13 finds that either visitation or ongoing interaction is in the 14 best interests of each sibling. This subsection shall not be 15 construed to require visitation between parenting time for a 16 child and a parent whose parental rights have been terminated 17 as to that child, even if a sibling remains with the parent. 18 Sec. 6. Section 232D.204, subsection 1, paragraph b, 19 subparagraph (2), Code 2024, is amended to read as follows: 20 (2) The amount of communication and visitation of parenting 21 time between the parent with and the minor during the alleged 22 de facto guardianship. 23 Sec. 7. Section 232D.401, subsection 5, Code 2024, is 24 amended to read as follows: 25 5. The guardian shall obtain prior court approval for 26 denial of all visitation parenting time , communication, or 27 interaction between the minor and the parents of the minor. 28 The court shall approve such denial of visitation parenting 29 time , communication, or interaction upon a showing by the 30 guardian that significant physical or emotional harm to the 31 minor has resulted or is likely to result to the minor from 32 parental contact. The guardian may place reasonable time, 33 place, or manner restrictions on visitation parenting time , 34 communication, or interaction between the minor and the minor’s 35 -2- LSB 5419YC (4) 90 pf/ko 2/ 16
H.F. _____ parents without prior court approval. 1 Sec. 8. Section 236.4, subsections 2 and 3, Code 2024, are 2 amended to read as follows: 3 2. The court may enter any temporary order it deems 4 necessary to protect the plaintiff from domestic abuse prior 5 to the hearing, including temporary custody or visitation 6 parenting time orders pursuant to subsection 3, upon good cause 7 shown in an ex parte proceeding. Present danger of domestic 8 abuse to the plaintiff constitutes good cause for purposes of 9 this subsection . A temporary order issued pursuant to this 10 subsection shall specifically include notice that the person 11 may be required to relinquish all firearms, offensive weapons, 12 and ammunition upon the issuance of a permanent order pursuant 13 to section 236.5 . 14 3. The court may award temporary custody of or establish 15 temporary visitation parenting time rights with regard to 16 children under eighteen years of age. In awarding temporary 17 custody or temporary visitation parenting time rights, the 18 court shall give primary consideration to the safety of 19 the alleged victim and the children. If the court finds 20 that the safety of the alleged victim or the children will 21 be jeopardized by unsupervised or unrestricted visitation 22 parenting time , the court shall set conditions or restrict 23 visitation parenting time as to time, place, duration, or 24 supervision, or deny visitation parenting time entirely, as 25 needed to guard the safety of the victim and the children. 26 The court shall also determine whether any other existing 27 orders awarding custody or visitation parenting time should be 28 modified. 29 Sec. 9. Section 236.5, subsection 1, paragraph b, 30 subparagraph (5), Code 2024, is amended to read as follows: 31 (5) The awarding of temporary custody of or establishing 32 temporary visitation parenting time rights with regard to 33 children under eighteen. 34 (a) In awarding temporary custody or temporary visitation 35 -3- LSB 5419YC (4) 90 pf/ko 3/ 16
H.F. _____ parenting time rights, the court shall give primary 1 consideration to the safety of the victim and the children. 2 (b) If the court finds that the safety of the victim or the 3 children will be jeopardized by unsupervised or unrestricted 4 visitation parenting time , the court shall condition or 5 restrict visitation parenting time as to time, place, duration, 6 or supervision, or deny visitation parenting time entirely, as 7 needed to guard the safety of the victim and the children. 8 (c) The court shall also determine whether any other 9 existing orders awarding custody or visitation parenting time 10 rights should be modified. 11 (d) Prior to entry of an order or agreement under this 12 section that involves a child-custody determination as defined 13 in section 598B.102 , the parties shall furnish information to 14 the court in compliance with section 598B.209 . 15 Sec. 10. Section 252A.20, Code 2024, is amended to read as 16 follows: 17 252A.20 Limitation on actions. 18 Issues related to visitation parenting time , custody, or 19 other provisions not related to the support provisions of a 20 support order shall not be grounds for a hearing, modification, 21 adjustment, or other action under this chapter . 22 Sec. 11. Section 252B.5, subsection 12, paragraph b, 23 subparagraph (6), Code 2024, is amended to read as follows: 24 (6) Following issuance of a final decision under chapter 25 17A that no mistake of fact exists, the obligor may request a 26 hearing before the district court pursuant to chapter 17A . The 27 department shall transmit a copy of its record to the district 28 court pursuant to chapter 17A . The scope of the review by the 29 district court shall be limited to demonstration of a mistake 30 of fact. Issues related to visitation parenting time , custody, 31 or other provisions not related to the support provisions 32 of a support order are not grounds for a hearing under this 33 subsection . 34 Sec. 12. Section 252B.9A, subsection 3, paragraph a, 35 -4- LSB 5419YC (4) 90 pf/ko 4/ 16
H.F. _____ subparagraph (2), Code 2024, is amended to read as follows: 1 (2) To make or enforce a child custody or visitation 2 parenting time determination or order. 3 Sec. 13. Section 252B.20A, subsection 1, paragraph b, Code 4 2024, is amended to read as follows: 5 b. There is no order in effect regarding legal custody, 6 physical care, visitation parenting time , or other parenting 7 time for the child. 8 Sec. 14. Section 252D.25, subsection 1, Code 2024, is 9 amended to read as follows: 10 1. Issues related to visitation parenting time , custody, 11 or other provisions not related to the support provisions of a 12 support order are not grounds for a motion to quash, revoke, 13 suspend, or stay a withholding order. 14 Sec. 15. Section 252I.8, subsection 5, paragraph g, Code 15 2024, is amended to read as follows: 16 g. Issues related to visitation parenting time , custody, or 17 other provisions not related to levies against accounts are not 18 grounds for a hearing under this chapter . 19 Sec. 16. Section 252J.9, subsection 4, Code 2024, is amended 20 to read as follows: 21 4. The scope of review by the district court shall be 22 limited to demonstration of a mistake of fact relating to 23 the delinquency of the obligor or the noncompliance of the 24 individual with a subpoena or warrant. Issues related to 25 visitation parenting time , custody, or other provisions not 26 related to the support provisions of a support order are not 27 grounds for a hearing under this chapter . 28 Sec. 17. Section 252K.104, subsection 2, paragraph b, Code 29 2024, is amended to read as follows: 30 b. Grant a tribunal of this state jurisdiction to render 31 judgment or issue an order relating to child custody or 32 visitation parenting time in a proceeding under this chapter . 33 Sec. 18. Section 252K.305, subsection 4, Code 2024, is 34 amended to read as follows: 35 -5- LSB 5419YC (4) 90 pf/ko 5/ 16
H.F. _____ 4. A responding tribunal of this state may not condition 1 the payment of a support order issued under this chapter upon 2 compliance by a party with provisions for visitation parenting 3 time . 4 Sec. 19. Section 598.10, subsection 1, paragraph b, Code 5 2024, is amended to read as follows: 6 b. In order to encourage compliance with a visitation 7 parenting time order, a temporary order for custody shall 8 provide for a minimum visitation parenting time schedule with 9 the noncustodial parent, unless the court determines that such 10 visitation parenting time is not in the best interest of the 11 child. 12 Sec. 20. Section 598.15, subsection 1, Code 2024, is amended 13 to read as follows: 14 1. The parties to any action which involves the issues of 15 child custody or visitation parenting time shall participate in 16 a court-approved course to educate and sensitize the parties 17 to the needs of any child or party during and subsequent to 18 the proceeding within forty-five days of the service of notice 19 and petition for the action or within forty-five days of the 20 service of notice and application for modification of an 21 order. Participation in the course may be waived or delayed 22 by the court for good cause including but not limited to a 23 default by any of the parties or a showing that the parties 24 have previously participated in a court-approved course or its 25 equivalent. Participation in the course is not required if the 26 proceeding involves termination of parental rights of any of 27 the parties. A final decree shall not be granted or a final 28 order shall not be entered until the parties have complied with 29 this section , unless participation in the course is waived or 30 delayed for good cause or is otherwise not required under this 31 subsection . 32 Sec. 21. Section 598.21C, subsection 7, Code 2024, is 33 amended to read as follows: 34 7. Modification by child support services. Notwithstanding 35 -6- LSB 5419YC (4) 90 pf/ko 6/ 16
H.F. _____ any other provision of law to the contrary, when an application 1 for modification or adjustment of support is submitted by child 2 support services, the sole issues which may be considered by 3 the court in that action are the application of the guidelines 4 in establishing the amount of support pursuant to section 5 598.21B , and provision for medical support under chapter 252E . 6 When an application for a cost-of-living alteration of support 7 is submitted by child support services pursuant to section 8 252H.24 , the sole issue which may be considered by the court in 9 the action is the application of the cost-of-living alteration 10 in establishing the amount of child support. Issues related 11 to custody, visitation parenting time , or other provisions 12 unrelated to support shall be considered only under a separate 13 application for modification. 14 Sec. 22. Section 598.21D, Code 2024, is amended to read as 15 follows: 16 598.21D Relocation of parent as grounds to modify order of 17 child custody. 18 If a parent awarded joint legal custody and physical 19 care or sole legal custody is relocating the residence of 20 the minor child to a location which is one hundred fifty 21 miles or more from the residence of the minor child at the 22 time that custody was awarded, the court may consider the 23 relocation a substantial change in circumstances. If the 24 court determines that the relocation is a substantial change 25 in circumstances, the court shall modify the custody order to, 26 at a minimum, preserve, as nearly as possible, the existing 27 relationship between the minor child and the nonrelocating 28 parent. If modified, the order may include a provision for 29 extended visitation parenting time during summer vacations 30 and school breaks and scheduled telephone contact between the 31 nonrelocating parent and the minor child. The modification 32 may include a provision assigning the responsibility for 33 transportation of the minor child for visitation parenting 34 time purposes to either or both parents. If the court makes 35 -7- LSB 5419YC (4) 90 pf/ko 7/ 16
H.F. _____ a finding of past interference by the parent awarded joint 1 legal custody and physical care or sole legal custody with the 2 minor child’s access to the other parent, the court may order 3 the posting of a cash bond to assure future compliance with 4 the visitation parenting time provisions of the decree. The 5 supreme court shall prescribe guidelines for the forfeiting of 6 the bond and restoration of the bond following forfeiting of 7 the bond. 8 Sec. 23. Section 598.23, subsection 2, paragraph b, Code 9 2024, is amended to read as follows: 10 b. Modifies visitation parenting time to compensate for lost 11 visitation parenting time or establishes joint custody for the 12 child or transfers custody. 13 Sec. 24. Section 598.41, subsection 1, paragraphs a and d, 14 Code 2024, are amended to read as follows: 15 a. The court may provide for joint custody of the child 16 by the parties. The court, insofar as is reasonable and in 17 the best interest of the child, shall order the custody award, 18 including liberal visitation parenting time rights where 19 appropriate, which will assure the child the opportunity for 20 the maximum continuing physical and emotional contact with 21 both parents after the parents have separated or dissolved 22 the marriage, and which will encourage parents to share the 23 rights and responsibilities of raising the child unless direct 24 physical harm or significant emotional harm to the child, other 25 children, or a parent is likely to result from such contact 26 with one parent. 27 d. If a history of domestic abuse exists as determined by a 28 court pursuant to subsection 3 , paragraph “j” , and if a parent 29 who is a victim of such domestic abuse relocates or is absent 30 from the home based upon the fear of or actual acts or threats 31 of domestic abuse perpetrated by the other parent, the court 32 shall not consider the relocation or absence of that parent 33 as a factor against that parent in the awarding of custody or 34 visitation parenting time . 35 -8- LSB 5419YC (4) 90 pf/ko 8/ 16
H.F. _____ Sec. 25. Section 598.41, subsection 3, paragraph i, Code 1 2024, is amended to read as follows: 2 i. Whether the safety of the child, other children, or 3 the other parent will be jeopardized by the awarding of joint 4 custody or by unsupervised or unrestricted visitation parenting 5 time . 6 Sec. 26. Section 598.41, subsection 6, Code 2024, is amended 7 to read as follows: 8 6. If the parties have more than one minor child, and the 9 court awards each party the physical custody of one or more of 10 the children, upon application by either party, and if it is 11 reasonable and in the best interest of the children, the court 12 shall include a provision in the custody order directing the 13 parties to allow visitation parenting time between the children 14 in each party’s custody. 15 Sec. 27. Section 598.41A, Code 2024, is amended to read as 16 follows: 17 598.41A Visitation Parenting time —— history of crimes 18 against a minor. 19 1. Notwithstanding section 598.41 , the court shall 20 consider, in the award of visitation parenting time rights to 21 a parent of a child, the criminal history of the parent if the 22 parent has been convicted of a sex offense against a minor as 23 defined in section 692A.101 . 24 2. Notwithstanding section 598.41 , an individual who is 25 a parent of a minor child and who has been convicted of a 26 sex offense against a minor as defined in section 692A.101 , 27 is not entitled to visitation parenting time rights while 28 incarcerated. While on probation, parole, or any other type 29 of conditional release including a special sentence for such 30 offense, visitation parenting time shall be denied until the 31 parent successfully completes a treatment program approved 32 by the court, if required by the court. The circumstances 33 described in this subsection shall be considered a substantial 34 change in circumstances. 35 -9- LSB 5419YC (4) 90 pf/ko 9/ 16
H.F. _____ Sec. 28. Section 598.41B, Code 2024, is amended to read as 1 follows: 2 598.41B Visitation Parenting time —— restrictions —— murder 3 of parent. 4 1. Notwithstanding section 598.41 , the court shall not do 5 either of the following: 6 a. Enforce an existing order awarding visitation parenting 7 time rights to a child’s parent, which was obtained prior to 8 that parent’s conviction for first degree murder in the murder 9 of the child’s other parent, unless such enforcement is in the 10 best interest of the child. 11 b. Award visitation parenting time rights to a child’s 12 parent who has been convicted of murder in the first degree 13 of the child’s other parent, unless the court finds that such 14 visitation parenting time is in the best interest of the child. 15 2. In determining whether visitation parenting time would 16 be in the best interest of the child pursuant to subsection 1 , 17 the court shall consider all of the following: 18 a. The age and level of maturity of the child. 19 b. If the child is developmentally mature enough to provide 20 assent and whether the child does assent. 21 c. The recommendation of the child’s custodian or legal 22 guardian. 23 d. The recommendation of a child counselor or mental health 24 professional following evaluation of the child. 25 e. The recommendation of a guardian ad litem for the 26 child if one has been appointed to represent the child in the 27 proceeding. 28 f. Any other information which the court deems to be 29 relevant. 30 3. Until such time as an order regarding visitation 31 parenting time rights under subsection 1 is entered, the 32 child of a parent who has been convicted of murder in the 33 first degree of the child’s other parent shall not visit have 34 parenting time with the parent who has been convicted. 35 -10- LSB 5419YC (4) 90 pf/ko 10/ 16
H.F. _____ Sec. 29. Section 598B.102, subsections 3 and 4, Code 2024, 1 are amended to read as follows: 2 3. “Child-custody determination” means a judgment, decree, 3 or other order of a court providing for the legal custody, 4 physical custody, or visitation parenting time with respect to 5 a child. The term includes a permanent, temporary, initial, 6 and modification order. The term does not include an order 7 relating to child support or other monetary obligation of an 8 individual. 9 4. “Child-custody proceeding” means a proceeding in which 10 legal custody, physical custody, or visitation parenting time 11 with respect to a child is an issue. The term includes a 12 proceeding for dissolution of marriage, separation, neglect, 13 abuse, dependency, guardianship, paternity, termination 14 of parental rights, and protection from domestic violence, 15 in which the issue may appear. The term does not include 16 a proceeding involving juvenile delinquency, contractual 17 emancipation, or enforcement under article III . 18 Sec. 30. Section 598B.209, subsection 1, paragraphs a and c, 19 Code 2024, are amended to read as follows: 20 a. Has participated, as a party or a witness or in any other 21 capacity, in any other proceeding concerning the custody of or 22 visitation parenting time with the child and, if so, identify 23 the court, the case number, and the date of the child-custody 24 determination, if any. 25 c. Knows the names and addresses of any person not a party 26 to the proceeding who has physical custody of the child or 27 claims rights of legal custody or physical custody of, or 28 visitation parenting time with, the child and, if so, the names 29 and addresses of those persons. 30 Sec. 31. Section 598B.304, Code 2024, is amended to read as 31 follows: 32 598B.304 Temporary visitation parenting time . 33 1. A court of this state which does not have jurisdiction 34 to modify a child-custody determination may issue a temporary 35 -11- LSB 5419YC (4) 90 pf/ko 11/ 16
H.F. _____ order enforcing any of the following: 1 a. A visitation parenting time schedule made by a court of 2 another state. 3 b. The visitation parenting time provisions of a 4 child-custody determination of another state that does not 5 provide for a specific visitation parenting time schedule. 6 2. If a court of this state makes an order under subsection 7 1 , paragraph “b” , it shall specify in the order a period that it 8 considers adequate to allow the petitioner to obtain an order 9 from a court having jurisdiction under the criteria specified 10 in article II . The order remains in effect until an order is 11 obtained from the other court or the period expires. 12 Sec. 32. Section 598B.305, subsection 1, paragraph c, Code 13 2024, is amended to read as follows: 14 c. Except as otherwise provided in section 598B.209 , the 15 name and address of the person seeking registration and any 16 parent or person acting as a parent who has been awarded 17 custody or visitation parenting time in the child-custody 18 determination sought to be registered. 19 Sec. 33. Section 598C.101, Code 2024, is amended to read as 20 follows: 21 598C.101 Short title. 22 This chapter shall be known and may be cited as the “Uniform 23 Deployed Parents Custody and Visitation Parenting Time Act” . 24 Sec. 34. Section 598C.102, subsections 2 and 6, Code 2024, 25 are amended to read as follows: 26 2. “Caretaking authority” means the right to live with and 27 care for a child on a day-to-day basis. “Caretaking authority” 28 relative to a child includes physical custody, parenting time, 29 and right to access , and visitation . 30 6. “Custodial responsibility” includes all powers and 31 duties relating to caretaking authority and decision-making 32 authority for a child. “Custodial responsibility” includes 33 physical custody, legal custody, parenting time, right to 34 access, visitation, and authority to grant limited contact with 35 -12- LSB 5419YC (4) 90 pf/ko 12/ 16
H.F. _____ a child. 1 Sec. 35. Section 598C.403, Code 2024, is amended to read as 2 follows: 3 598C.403 Visitation Contact time before termination of 4 temporary grant of custodial responsibility. 5 After a deploying parent returns from deployment and until 6 a temporary agreement or order for custodial responsibility 7 established under article II or III is terminated, the court 8 may issue a temporary order granting the deploying parent 9 reasonable contact with the child unless it is contrary to 10 the best interest of the child, which may include additional 11 contact time to compensate for contact time lost during 12 deployment. 13 Sec. 36. Section 598C.501, Code 2024, is amended to read as 14 follows: 15 598C.501 Uniformity of application and construction. 16 This chapter shall be applied and construed with 17 consideration given to the need to promote uniformity of the 18 law with respect to its subject matter among states that enact 19 the uniform deployed parents custody and visitation parenting 20 time Act. 21 Sec. 37. Section 600.11, subsection 2, paragraph a, 22 subparagraph (4), Code 2024, is amended to read as follows: 23 (4) A person who has been granted visitation parenting time 24 rights with the child to be adopted pursuant to section 600C.1 . 25 Sec. 38. Section 600B.26, Code 2024, is amended to read as 26 follows: 27 600B.26 Payment of attorney fees. 28 In a proceeding to determine custody or visitation parenting 29 time , or to modify a paternity, custody, or visitation 30 parenting time order under this chapter , the court may award 31 the prevailing party reasonable attorney fees. 32 Sec. 39. Section 600B.40, Code 2024, is amended to read as 33 follows: 34 600B.40 Custody and visitation parenting time . 35 -13- LSB 5419YC (4) 90 pf/ko 13/ 16
H.F. _____ 1. The mother of a child born out of wedlock whose paternity 1 has not been acknowledged and who has not been adopted has sole 2 custody of the child unless the court orders otherwise. If 3 a judgment of paternity is entered, the father may petition 4 for rights of visitation parenting time or custody in the same 5 paternity action or in an equity proceeding separate from any 6 action to establish paternity. 7 2. In determining the visitation parenting time or custody 8 arrangements of a child born out of wedlock, if a judgment 9 of paternity is entered and the mother of the child has not 10 been awarded sole custody, section 598.41 shall apply to the 11 determination, as applicable, and the court shall consider the 12 factors specified in section 598.41, subsection 3 , including 13 but not limited to the factor related to a parent’s history of 14 domestic abuse. 15 3. In a proceeding under this chapter to determine custody 16 or visitation parenting time or to modify a custody or 17 visitation parenting time order, section 598.15 shall apply to 18 the parties. 19 4. The court may order the appointment of a guardian ad 20 litem or attorney for a child, a child custody investigator, or 21 a child and family reporter consistent with the provisions of 22 sections 598.12 , 598.12A , and 598.12B . 23 Sec. 40. Section 600B.40A, Code 2024, is amended to read as 24 follows: 25 600B.40A Temporary orders —— support, custody, or visitation 26 parenting time of a child. 27 Upon petition of either parent in a proceeding involving 28 support, custody, or visitation parenting time of a child for 29 whom paternity has been established and whose mother and father 30 have not been and are not married to each other at the time 31 of filing of the petition, the court may issue a temporary 32 order for support, custody, or visitation parenting time of the 33 child. The temporary orders shall be made in accordance with 34 the provisions relating to issuance of and changes in temporary 35 -14- LSB 5419YC (4) 90 pf/ko 14/ 16
H.F. _____ orders for support, custody, or visitation parenting time of 1 a child by the court in a dissolution of marriage proceeding 2 pursuant to chapter 598 . 3 Sec. 41. Section 600B.41A, subsection 7, paragraph b, Code 4 2024, is amended to read as follows: 5 b. If the court dismisses the action to overcome paternity 6 and preserves the paternity determination under this 7 subsection , the court shall enter an order establishing that 8 the parent-child relationship exists between the established 9 father and the child, and including establishment of a support 10 obligation pursuant to section 598.21B and provision of custody 11 and visitation parenting time pursuant to section 598.41 . 12 Sec. 42. Section 600B.41A, subsection 11, Code 2024, is 13 amended to read as follows: 14 11. Unless specifically addressed in an order entered 15 pursuant to this section , provisions previously established by 16 the court order regarding custody or visitation parenting time 17 of the child are unaffected by an action brought under this 18 section . 19 Sec. 43. Section 710.6, subsection 2, Code 2024, is amended 20 to read as follows: 21 2. A parent of a child living apart from the other parent 22 who conceals that child or causes that child’s whereabouts to 23 be unknown to a parent with visitation parenting time rights or 24 parental time in violation of a court order granting visitation 25 parenting time rights or parental time and without the other 26 parent’s consent, commits a serious misdemeanor. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill replaces the term “visitation” with the term 31 “parenting time” relative to the rights awarded a parent 32 to spend time with the parent’s child. The bill does not 33 replace references to “visitation” in other contexts including 34 the contexts of sibling visitation and grandparent or 35 -15- LSB 5419YC (4) 90 pf/ko 15/ 16
H.F. _____ great-grandparent visitation. 1 -16- LSB 5419YC (4) 90 pf/ko 16/ 16