Senate
File
2053
-
Introduced
SENATE
FILE
2053
BY
DICKEY
A
BILL
FOR
An
Act
relating
to
child
custody
for
parents
subject
to
1
short-term
deployments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
598D.1
Definitions.
1
For
purposes
of
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Child-custody
determination”
means
the
same
as
defined
4
in
section
598B.102.
5
2.
“Deploying
parent”
means
a
uniformed
service
member
who
6
has
been
notified
of
impending
short-term
deployment
and
is
any
7
of
the
following:
8
a.
A
parent
of
a
child
under
a
law
of
this
state
other
than
9
this
chapter.
10
b.
An
individual
who
has
custodial
responsibility
for
a
11
child
under
a
law
of
this
state
other
than
this
chapter.
12
3.
“Other
parent”
means
the
same
as
defined
in
section
13
598C.102.
14
4.
“Record”
means
the
same
as
defined
in
section
598C.102.
15
5.
“Short-term
deployment”
means
the
movement
or
16
mobilization
of
a
deploying
parent
for
less
than
thirty
days
17
pursuant
to
uniformed
service
member
orders
that
meet
any
of
18
the
following
conditions:
19
a.
Are
designated
as
unaccompanied.
20
b.
Do
not
authorize
dependent
travel.
21
c.
Otherwise
do
not
permit
the
movement
of
family
members
to
22
the
location
to
which
the
deploying
parent
is
deployed.
23
6.
“Uniformed
service
member”
means
any
of
the
following:
24
a.
Active
and
reserve
components
of
the
army,
navy,
air
25
force,
marine
corps,
or
coast
guard
of
the
United
States;
the
26
United
States
merchant
marine;
the
commissioned
corps
of
the
27
United
States
public
health
service;
or
the
commissioned
corps
28
of
the
national
oceanic
and
atmospheric
administration
of
the
29
United
States.
30
b.
The
national
guard
of
a
state,
whether
or
not
activation
31
or
performance
of
duties
is
pursuant
to
federal
or
to
state
32
authority.
33
Sec.
2.
NEW
SECTION
.
589D.2
Custody
and
visitation
——
34
short-term
deployment.
35
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1.
a.
A
deploying
parent
who
is
unable
to
exercise
any
1
court-ordered
physical
care
or
visitation
with
the
deploying
2
parent’s
child
during
a
short-term
deployment
may
make
up
the
3
missed
physical
care
or
visitation
thirty
days
immediately
4
preceding
the
short-term
deployment
or
thirty
days
immediately
5
following
the
short-term
deployment.
6
b.
The
deploying
parent
may
make
up
no
more
than
the
total
7
number
of
days
of
physical
care
or
visitation
days
that
will
be
8
missed
during
the
short-term
deployment,
not
to
exceed
thirty
9
days.
10
2.
a.
To
make
up
the
missed
physical
care
or
visitation,
11
the
deploying
parent
shall
notify
the
other
parent,
in
a
12
record,
of
a
pending
short-term
deployment,
not
later
than
13
seven
days
after
receiving
notice
of
the
short-term
deployment,
14
unless
reasonably
prevented
from
doing
so
by
the
circumstances
15
of
service.
If
the
circumstances
of
service
prevent
giving
16
notification
within
the
seven
days,
the
deploying
parent
shall
17
give
the
notification
as
soon
as
reasonably
possible.
18
b.
The
deploying
parent
shall
provide
the
other
parent,
19
in
a
record,
with
a
plan
for
fulfilling
the
physical
care
20
or
visitation
missed
during
the
short-term
deployment.
The
21
deploying
parent
shall
provide
the
plan
as
soon
as
reasonably
22
possible
after
notification
of
short-term
deployment
is
given
23
under
paragraph
“a”
.
24
c.
If
a
court
order
currently
in
effect
prohibits
disclosure
25
of
the
address
or
contact
information
of
the
other
parent,
26
notification
under
paragraph
“a”
or
provision
of
a
plan
under
27
paragraph
“b”
may
be
made
only
to
the
issuing
court.
If
the
28
address
of
the
other
parent
is
available
to
the
issuing
court,
29
the
court
shall
forward
the
notification
to
the
other
parent.
30
The
court
shall
keep
confidential
the
address
or
contact
31
information
of
the
other
parent.
32
3.
The
deploying
parent
shall
file
the
plan
for
fulfilling
33
the
missed
physical
care
or
visitation
within
any
court
that
34
has
entered
a
child-custody
determination
in
effect
concerning
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the
child
who
is
the
subject
of
the
plan.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
child
custody
and
visitation
for
5
parents
subject
to
short-term
deployment.
6
The
bill
defines
“short-term
deployment”
as
the
movement
7
or
mobilization
of
a
deploying
parent
for
less
than
30
days
8
pursuant
to
uniformed
service
member
orders
that
are
designated
9
as
unaccompanied,
do
not
authorize
dependent
travel,
or
10
otherwise
do
not
permit
family
members
to
accompany
the
11
deploying
parent.
12
The
bill
allows
a
deploying
parent
who
is
unable
to
exercise
13
court-ordered
physical
care
or
visitation
during
a
short-term
14
deployment
to
make
up
the
missed
time
30
days
immediately
15
preceding
or
30
days
immediately
following
the
deployment.
16
The
amount
of
make-up
time
may
not
exceed
the
number
of
days
17
missed,
and
may
not
exceed
30
days.
18
The
bill
requires
the
deploying
parent
to
notify
the
other
19
parent,
in
a
record,
of
the
short-term
deployment
unless
20
reasonably
prevented
by
the
circumstances
of
service.
The
21
deploying
parent
must
also
provide
a
plan
for
fulfilling
the
22
missed
physical
care
or
visitation
to
the
other
parent
and
23
file
the
plan
with
any
court
that
has
entered
a
child-custody
24
determination
in
effect
concerning
the
child.
25
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