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 TLSB 5264XS (4) 91 lh/jh
S.F. 2053 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 -1- LSB 5264XS (4) 91 lh/jh 1/ 3
S.F. 2053 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 35 -2- LSB 5264XS (4) 91 lh/jh 2/ 3
S.F. 2053 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 -3- LSB 5264XS (4) 91 lh/jh 3/ 3