SF 2186 (LSB 5264SV (1) 91)

SENATE FILE 2186

BY  COMMITTEE ON VETERANS AFFAIRS

(SUCCESSOR TO SF 2053)

A BILL FOR

An Act relating to child custody for parents subject to short-term deployments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  598D.1  Definitions.
   For purposes of this chapter, unless the context otherwise requires:
   1.  “Child-custody determination” means the same as defined in section 598B.102.
   2.  “Deploying parent” means a uniformed service member who has been notified of impending short-term deployment and is any of the following:
   a.  A parent of a child under a law of this state other than this chapter.
   b.  An individual who has custodial responsibility for a child under a law of this state other than this chapter.
   3.  “Other parent” means the same as defined in section 598C.102.
   4.  “Record” means the same as defined in section 598C.102.
   5.  “Short-term deployment” means the movement or mobilization of a deploying parent for less than thirty days pursuant to uniformed service member orders that meet any of the following conditions:
   a.  Are designated as unaccompanied.
   b.  Do not authorize dependent travel.
   c.  Otherwise do not permit the movement of family members to the location to which the deploying parent is deployed.
   6.  “Uniformed service member” means any of the following: 
   a.  Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; the United States merchant marine; the commissioned corps of the United States public health service; or the commissioned corps of the national oceanic and atmospheric administration of the United States.
   b.  The national guard of a state, whether or not activation or performance of duties is pursuant to federal or to state authority.
    Sec. 2.  NEW SECTION.  589D.2  Custody and visitation —— short-term deployment.
   1.  a.  A deploying parent who is unable to exercise any court-ordered physical care or visitation with the deploying parent’s child during a short-term deployment may make up the missed physical care or visitation thirty days immediately preceding the short-term deployment or thirty days immediately following the short-term deployment.
   b.  The deploying parent may make up no more than the total number of days of physical care or visitation days that will be missed during the short-term deployment, not to exceed thirty days.
   2.  a.  To make up the missed physical care or visitation, the deploying parent shall notify the other parent, in a record, of a pending short-term deployment, not later than seven days after receiving notice of the short-term deployment, unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
   b.  The deploying parent shall provide the other parent, in a record, with a plan for fulfilling the physical care or visitation missed during the short-term deployment. The deploying parent shall provide the plan as soon as reasonably possible after notification of short-term deployment is given under paragraph “a”.
   c.  If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification under paragraph “a” or provision of a plan under paragraph “b” may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
   3.  The deploying parent shall file the plan for fulfilling the missed physical care or visitation within any court that has entered a child-custody determination in effect concerning the child who is the subject of the plan.
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 child custody and visitation for parents subject to short-term deployment.
   The bill defines “short-term deployment” as the movement or mobilization of a deploying parent for less than 30 days pursuant to uniformed service member orders that are designated as unaccompanied, do not authorize dependent travel, or otherwise do not permit family members to accompany the deploying parent.
   The bill allows a deploying parent who is unable to exercise court-ordered physical care or visitation during a short-term deployment to make up the missed time 30 days immediately preceding or 30 days immediately following the deployment. The amount of make-up time may not exceed the number of days missed, and may not exceed 30 days.
   The bill requires the deploying parent to notify the other parent, in a record, of the short-term deployment unless reasonably prevented by the circumstances of service. The deploying parent must also provide a plan for fulfilling the missed physical care or visitation to the other parent and file the plan with any court that has entered a child-custody determination in effect concerning the child.