House File 195 - Reprinted HOUSE FILE 195 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HF 66) (As Amended and Passed by the House March 1, 2011 ) A BILL FOR An Act relating to assignment of visitation or physical care 1 parenting time for children of military service members on 2 active duty and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 195 (4) 84 pf/nh/mb

H.F. 195 Section 1. Section 598.41D, Code 2011, is amended to read 1 as follows: 2 598.41D Assignment of visitation or physical care parenting 3 time —— parent serving active duty —— family member. 4 1. Notwithstanding any provision to the contrary, a parent 5 who has been granted court-ordered visitation with the parent’s 6 minor child may file an application for modification of a 7 decree or a petition for modification of an order regarding 8 child visitation, prior to or during the time the parent is 9 serving active duty in the military service of the United 10 States, to temporarily assign that parent’s visitation rights 11 to a family member of the minor child, as specified by the 12 parent. The application or petition shall be accompanied by an 13 affidavit from the family member indicating the family member’s 14 knowledge of the application or petition and willingness to 15 exercise the parent’s visitation rights during the parent’s 16 absence. The application or petition shall also request 17 any change in the visitation schedule necessitated by the 18 assignment. 19 2. Notwithstanding any provision to the contrary, a 20 parent who has been granted court-ordered physical care or 21 joint physical care of the parent’s minor child may file an 22 application for modification of a decree or a petition for 23 modification of an order regarding child custody, prior to 24 or during the time the parent is serving active duty in the 25 military service of the United States, to temporarily assign 26 the parent’s physical care parenting time to a family member of 27 the minor child, as specified by the parent. The application 28 or petition shall be accompanied by an affidavit from the 29 family member indicating the family member’s knowledge of 30 the application or petition and willingness to exercise the 31 parent’s physical care parenting time during the parent’s 32 absence. The application or petition shall also request 33 any change in the physical care parenting time schedule 34 necessitated by the assignment. 35 -1- HF 195 (4) 84 pf/nh/mb 1/ 4

H.F. 195 2. 3. a. If the active duty of a parent affects the 1 parent’s ability or anticipated ability to appear at a 2 regularly scheduled hearing, the court shall provide for an 3 expedited hearing in matters instituted under this section . 4 b. If the active duty or anticipated active duty of a parent 5 prevents the parent from appearing in person at a hearing, the 6 court shall provide, upon reasonable advance notice, for the 7 parent to present testimony and evidence by electronic means 8 in matters instituted under this section . For the purposes of 9 this paragraph, “electronic means” includes communication by 10 telephone, video teleconference, or the internet. 11 3. 4. a. The court may grant the parent’s request for 12 temporary assignment of visitation or physical care parenting 13 time and any change in the visitation or physical care 14 parenting time schedule requested if the court finds that such 15 assignment of visitation or physical care parenting time is in 16 the best interest of the child. 17 b. In determining the best interest of the child, the court 18 shall ensure all of the following: 19 (1) That the specified family member is not a sex offender 20 as defined in section 692A.101 . 21 (2) That the specified family member does not have a history 22 of domestic abuse, as defined in section 236.2 . In determining 23 whether a history of domestic abuse exists, the court’s 24 consideration shall include but is not limited to commencement 25 of an action pursuant to section 236.3 , the issuance of a 26 protective order against the individual or the issuance of a 27 court order or consent agreement pursuant to section 236.5 , 28 the issuance of an emergency order pursuant to section 236.6 , 29 the holding of an individual in contempt pursuant to section 30 664A.7 , the response of a peace officer to the scene of 31 alleged domestic abuse or the arrest of an individual following 32 response to a report of alleged domestic abuse, or a conviction 33 for domestic abuse assault pursuant to section 708.2A . 34 (3) That the specified family member does not have a record 35 -2- HF 195 (4) 84 pf/nh/mb 2/ 4

H.F. 195 of founded child or dependent adult abuse. 1 (4) That the specified family member has an established 2 relationship with the child and assigning visitation or 3 physical care parenting time to the specified family member 4 will provide the child the opportunity to maintain an ongoing 5 family relationship that is important to the child. 6 (5) That the specified family member is able demonstrates 7 an ability to personally and financially support the child 8 and will support the child’s relationship with both of the 9 child’s parents during the assigned visitation or physical care 10 parenting time . 11 4. 5. An order granting assignment of visitation rights 12 or physical care parenting time under this section does not 13 create separate rights to visitation or physical care parenting 14 time for a person other than the parent. An order granting 15 assignment of visitation or physical care parenting time under 16 this section does not grant any custodial or parental rights to 17 any person who is not the parent of the child. 18 6. An order granted under this section may temporarily 19 assign visitation or physical care parenting time that is equal 20 to or less than the visitation or physical care parenting 21 time awarded to the parent whose visitation or physical care 22 parenting time is assigned. 23 5. 7. The parent whose visitation rights are or physical 24 care parenting time is temporarily assigned shall provide a 25 copy of the order granting assignment of visitation or physical 26 care parenting time to the school and school district of the 27 child to whom the order applies. 28 6. 8. An order granting temporary assignment of visitation 29 rights or physical care parenting time pursuant to this section 30 shall terminate upon notification of the court by the parent 31 or automatically upon the parent’s completion of active duty, 32 whichever occurs first. 33 7. 9. After a parent completes active duty, if an 34 application for modification of a decree or a petition for 35 -3- HF 195 (4) 84 pf/nh/mb 3/ 4

H.F. 195 modification of an order is filed, the parent’s absence due 1 to active duty or the assignment of visitation rights or 2 physical care parenting time does not constitute a substantial 3 change in circumstances, and the court shall not consider a 4 parent’s absence due to that active duty or the assignment of 5 visitation rights or physical care parenting time in making a 6 determination regarding the best interest of the child relative 7 to such an application or petition filed after a parent 8 completes active duty. 9 8. 10. As used in this section , “active duty” means active 10 military duty pursuant to orders issued under Tit. X of the 11 United States Code. However, this section shall not apply to 12 active guard and reserve duty or similar full-time military 13 duty performed by a parent when the child remains in actual 14 custody of the parent. 15 11. As used in this section, “parenting time” means actual 16 time spent with the child as specified in a decree or order, 17 but does not include any other element of legal custody, 18 physical care, or joint physical care. 19 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 20 immediate importance, takes effect upon enactment. 21 -4- HF 195 (4) 84 pf/nh/mb 4/ 4