House Study Bill 23 - IntroducedA Bill ForAn Act 1relating to replacement of the term visitation with the
2term parenting time relative to time awarded to a parent.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 232.2, subsection 47, Code 2021, is
2amended to read as follows:
   347.  “Residual parental rights and responsibilities” means
4those rights and responsibilities remaining with the parent
5after transfer of legal custody or guardianship of the person
6of the child. These include but are not limited to the right of
7visitation parenting time, the right to consent to adoption,
8and the responsibility for support.
9   Sec. 2.  Section 232.102, subsection 13, Code 2021, is
10amended to read as follows:
   1113.  Unless prohibited by the court order transferring
12custody of the child for placement or other court order or
13the department or agency that received the custody transfer
14finds that allowing the visitation parenting time would not
15be in the child’s best interest, the department or agency may
16authorize reasonable visitation with the child by the child’s
17grandparent, great-grandparent, or other adult relative who has
18established a substantial relationship with the child.
19   Sec. 3.  Section 232.103A, subsection 1, unnumbered
20paragraph 1, Code 2021, is amended to read as follows:
   21The juvenile court may close a child in need of assistance
22case by transferring jurisdiction over the child’s custody,
23physical care, and visitation parenting time to the district
24court through a bridge order, if all of the following criteria
25are met:
26   Sec. 4.  Section 232.103A, subsection 1, paragraph e, Code
272021, is amended to read as follows:
   28e.  The juvenile court has determined that the child in need
29of assistance case can safely close once orders for custody,
30physical care, and visitation parenting time are entered by the
31district court.
32   Sec. 5.  Section 232.103A, subsections 3 and 6, Code 2021,
33are amended to read as follows:
   343.  The juvenile court shall designate the petitioner and
35respondent for the purposes of the bridge order. A bridge
-1-1order shall only address matters of custody, physical care,
2and visitation parenting time. All other matters, including
3child support, shall be filed by separate petition or by action
4of the child support recovery unit, and shall be subject to
5existing applicable statutory provisions.
   66.  Following the issuance of a bridge order, a party
7may file a petition in district court for modification of
8the bridge order for custody, physical care, or visitation
9
 parenting time. If the petition for modification is filed
10within one year of the filing date of the bridge order,
11the party requesting modification shall not be required to
12demonstrate a substantial change of circumstances but instead
13shall demonstrate that such modification is in the best
14interest of the child. If a petition for modification is filed
15within one year of the filing date of the bridge order, filing
16fees and other court costs shall not be assessed against the
17parties.
18   Sec. 6.  Section 232.107, Code 2021, is amended to read as
19follows:
   20232.107  Parent visitation Parenting time.
   21If a child is removed from the child’s home in accordance
22with an order entered under this subchapter, unless the
23court finds that substantial evidence exists to believe that
24reasonable visitation parenting time or supervised visitation
25
 parenting time would cause an imminent risk to the child’s life
26or health, the order shall allow the child’s parent reasonable
27visitation parenting time or supervised visitation parenting
28time
with the child.
29   Sec. 7.  Section 236.4, subsections 2 and 3, Code 2021, are
30amended to read as follows:
   312.  The court may enter any temporary order it deems
32necessary to protect the plaintiff from domestic abuse prior
33to the hearing, including temporary custody or visitation
34
 parenting time orders pursuant to subsection 3, upon good cause
35shown in an ex parte proceeding. Present danger of domestic
-2-1abuse to the plaintiff constitutes good cause for purposes of
2this subsection. A temporary order issued pursuant to this
3subsection shall specifically include notice that the person
4may be required to relinquish all firearms, offensive weapons,
5and ammunition upon the issuance of a permanent order pursuant
6to section 236.5.
   73.  The court may award temporary custody of or establish
8temporary visitation parenting time rights with regard to
9children under eighteen years of age. In awarding temporary
10custody or temporary visitation parenting time rights, the
11court shall give primary consideration to the safety of
12the alleged victim and the children. If the court finds
13that the safety of the alleged victim or the children will
14be jeopardized by unsupervised or unrestricted visitation
15
 parenting time, the court shall set conditions or restrict
16visitation parenting time as to time, place, duration, or
17supervision, or deny visitation parenting time entirely, as
18needed to guard the safety of the victim and the children.
19The court shall also determine whether any other existing
20orders awarding custody or visitation parenting time should be
21modified.
22   Sec. 8.  Section 236.5, subsection 1, paragraph b,
23subparagraph (5), Code 2021, is amended to read as follows:
   24(5)  The awarding of temporary custody of or establishing
25temporary visitation parenting time rights with regard to
26children under eighteen.
   27(a)  In awarding temporary custody or temporary visitation
28
 parenting time rights, the court shall give primary
29consideration to the safety of the victim and the children.
   30(b)  If the court finds that the safety of the victim or the
31children will be jeopardized by unsupervised or unrestricted
32visitation parenting time, the court shall condition or
33restrict visitation parenting time as to time, place, duration,
34or supervision, or deny visitation parenting time entirely, as
35needed to guard the safety of the victim and the children.
-3-
   1(c)  The court shall also determine whether any other
2existing orders awarding custody or visitation parenting time
3 rights should be modified.
   4(d)  Prior to entry of an order or agreement under this
5section that involves a child-custody determination as defined
6in section 598B.102, the parties shall furnish information to
7the court in compliance with section 598B.209.
8   Sec. 9.  Section 252A.20, Code 2021, is amended to read as
9follows:
   10252A.20  Limitation on actions.
   11Issues related to visitation parenting time, custody, or
12other provisions not related to the support provisions of a
13support order shall not be grounds for a hearing, modification,
14adjustment, or other action under this chapter.
15   Sec. 10.  Section 252B.5, subsection 12, paragraph b,
16subparagraph (6), Code 2021, is amended to read as follows:
   17(6)  Following issuance of a final decision under chapter
1817A that no mistake of fact exists, the obligor may request a
19hearing before the district court pursuant to chapter 17A. The
20department shall transmit a copy of its record to the district
21court pursuant to chapter 17A. The scope of the review by the
22district court shall be limited to demonstration of a mistake
23of fact. Issues related to visitation parenting time, custody,
24or other provisions not related to the support provisions
25of a support order are not grounds for a hearing under this
26subsection.
27   Sec. 11.  Section 252B.9A, subsection 3, paragraph a,
28subparagraph (2), Code 2021, is amended to read as follows:
   29(2)  To make or enforce a child custody or visitation
30
 parenting time determination or order.
31   Sec. 12.  Section 252B.20A, subsection 1, paragraph b, Code
322021, is amended to read as follows:
   33b.  There is no order in effect regarding legal custody,
34physical care, visitation, or other parenting time for the
35child.
-4-
1   Sec. 13.  Section 252D.25, subsection 1, Code 2021, is
2amended to read as follows:
   31.  Issues related to visitation parenting time, custody,
4or other provisions not related to the support provisions of a
5support order are not grounds for a motion to quash, revoke,
6suspend, or stay a withholding order.
7   Sec. 14.  Section 252I.8, subsection 5, paragraph g, Code
82021, is amended to read as follows:
   9g.  Issues related to visitation parenting time, custody, or
10other provisions not related to levies against accounts are not
11grounds for a hearing under this chapter.
12   Sec. 15.  Section 252J.9, subsection 4, Code 2021, is amended
13to read as follows:
   144.  The scope of review by the district court shall be
15limited to demonstration of a mistake of fact relating to
16the delinquency of the obligor or the noncompliance of the
17individual with a subpoena or warrant. Issues related to
18visitation parenting time, custody, or other provisions not
19related to the support provisions of a support order are not
20grounds for a hearing under this chapter.
21   Sec. 16.  Section 252K.104, subsection 2, paragraph b, Code
222021, is amended to read as follows:
   23b.  Grant a tribunal of this state jurisdiction to render
24judgment or issue an order relating to child custody or
25visitation parenting time in a proceeding under this chapter.
26   Sec. 17.  Section 252K.305, subsection 4, Code 2021, is
27amended to read as follows:
   284.  A responding tribunal of this state may not condition
29the payment of a support order issued under this chapter upon
30compliance by a party with provisions for visitation parenting
31time
.
32   Sec. 18.  Section 598.10, subsection 1, paragraph b, Code
332021, is amended to read as follows:
   34b.  In order to encourage compliance with a visitation
35
 parenting time order, a temporary order for custody shall
-5-1provide for a minimum visitation parenting time schedule with
2the noncustodial parent, unless the court determines that such
3visitation parenting time is not in the best interest of the
4child.
5   Sec. 19.  Section 598.15, subsection 1, Code 2021, is amended
6to read as follows:
   71.  The parties to any action which involves the issues of
8child custody or visitation parenting time shall participate in
9a court-approved course to educate and sensitize the parties
10to the needs of any child or party during and subsequent to
11the proceeding within forty-five days of the service of notice
12and petition for the action or within forty-five days of the
13service of notice and application for modification of an
14order. Participation in the course may be waived or delayed
15by the court for good cause including but not limited to a
16default by any of the parties or a showing that the parties
17have previously participated in a court-approved course or its
18equivalent. Participation in the course is not required if the
19proceeding involves termination of parental rights of any of
20the parties. A final decree shall not be granted or a final
21order shall not be entered until the parties have complied with
22this section, unless participation in the course is waived or
23delayed for good cause or is otherwise not required under this
24subsection.
25   Sec. 20.  Section 598.21C, subsection 7, Code 2021, is
26amended to read as follows:
   277.  Modification by child support recovery
28unit.
  Notwithstanding any other provision of law to the
29contrary, when an application for modification or adjustment of
30support is submitted by the child support recovery unit, the
31sole issues which may be considered by the court in that action
32are the application of the guidelines in establishing the
33amount of support pursuant to section 598.21B, and provision
34for medical support under chapter 252E. When an application
35for a cost-of-living alteration of support is submitted by
-6-1the child support recovery unit pursuant to section 252H.24,
2the sole issue which may be considered by the court in the
3action is the application of the cost-of-living alteration
4in establishing the amount of child support. Issues related
5to custody, visitation parenting time, or other provisions
6unrelated to support shall be considered only under a separate
7application for modification.
8   Sec. 21.  Section 598.21D, Code 2021, is amended to read as
9follows:
   10598.21D  Relocation of parent as grounds to modify order of
11child custody.
   12If a parent awarded joint legal custody and physical
13care or sole legal custody is relocating the residence of
14the minor child to a location which is one hundred fifty
15miles or more from the residence of the minor child at the
16time that custody was awarded, the court may consider the
17relocation a substantial change in circumstances. If the
18court determines that the relocation is a substantial change
19in circumstances, the court shall modify the custody order to,
20at a minimum, preserve, as nearly as possible, the existing
21relationship between the minor child and the nonrelocating
22parent. If modified, the order may include a provision for
23extended visitation parenting time during summer vacations
24and school breaks and scheduled telephone contact between the
25nonrelocating parent and the minor child. The modification
26may include a provision assigning the responsibility for
27transportation of the minor child for visitation parenting
28time
purposes to either or both parents. If the court makes
29a finding of past interference by the parent awarded joint
30legal custody and physical care or sole legal custody with the
31minor child’s access to the other parent, the court may order
32the posting of a cash bond to assure future compliance with
33the visitation parenting time provisions of the decree. The
34supreme court shall prescribe guidelines for the forfeiting of
35the bond and restoration of the bond following forfeiting of
-7-1the bond.
2   Sec. 22.  Section 598.23, subsection 2, paragraph b, Code
32021, is amended to read as follows:
   4b.  Modifies visitation parenting time to compensate for lost
5visitation parenting time or establishes joint custody for the
6child or transfers custody.
7   Sec. 23.  Section 598.41, subsection 1, paragraphs a and d,
8Code 2021, are amended to read as follows:
   9a.  The court may provide for joint custody of the child
10by the parties. The court, insofar as is reasonable and in
11the best interest of the child, shall order the custody award,
12including liberal visitation parenting time rights where
13appropriate, which will assure the child the opportunity for
14the maximum continuing physical and emotional contact with
15both parents after the parents have separated or dissolved
16the marriage, and which will encourage parents to share the
17rights and responsibilities of raising the child unless direct
18physical harm or significant emotional harm to the child, other
19children, or a parent is likely to result from such contact
20with one parent.
   21d.  If a history of domestic abuse exists as determined by a
22court pursuant to subsection 3, paragraph “j”, and if a parent
23who is a victim of such domestic abuse relocates or is absent
24from the home based upon the fear of or actual acts or threats
25of domestic abuse perpetrated by the other parent, the court
26shall not consider the relocation or absence of that parent
27as a factor against that parent in the awarding of custody or
28visitation parenting time.
29   Sec. 24.  Section 598.41, subsection 3, paragraph i, Code
302021, is amended to read as follows:
   31i.  Whether the safety of the child, other children, or
32the other parent will be jeopardized by the awarding of joint
33custody or by unsupervised or unrestricted visitation parenting
34time
.
35   Sec. 25.  Section 598.41, subsection 6, Code 2021, is amended
-8-1to read as follows:
   26.  If the parties have more than one minor child, and the
3court awards each party the physical custody of one or more
4of the children, upon application by either party, and if it
5is reasonable and in the best interest of the children, the
6court shall include a provision in the custody order directing
7the parties to utilize parenting time to allow visitation or
8other ongoing interaction
between the children in each party’s
9custody.
10   Sec. 26.  Section 598.41A, Code 2021, is amended to read as
11follows:
   12598.41A  Visitation Parenting time — history of crimes
13against a minor.
   141.  Notwithstanding section 598.41, the court shall
15consider, in the award of visitation Parenting time rights to
16a parent of a child, the criminal history of the parent if the
17parent has been convicted of a sex offense against a minor as
18defined in section 692A.101.
   192.  Notwithstanding section 598.41, an individual who is
20a parent of a minor child and who has been convicted of a
21sex offense against a minor as defined in section 692A.101,
22is not entitled to visitation parenting time rights while
23incarcerated. While on probation, parole, or any other type
24of conditional release including a special sentence for such
25offense, visitation parenting time shall be denied until the
26parent successfully completes a treatment program approved
27by the court, if required by the court. The circumstances
28described in this subsection shall be considered a substantial
29change in circumstances.
30   Sec. 27.  Section 598.41B, Code 2021, is amended to read as
31follows:
   32598.41B  Visitation Parenting time — restrictions — murder
33of parent.
   341.  Notwithstanding section 598.41, the court shall not do
35either of the following:
-9-
   1a.  Enforce an existing order awarding visitation parenting
2time
rights to a child’s parent, which was obtained prior to
3that parent’s conviction for first degree murder in the murder
4of the child’s other parent, unless such enforcement is in the
5best interest of the child.
   6b.  Award visitation parenting time rights to a child’s
7parent who has been convicted of murder in the first degree
8of the child’s other parent, unless the court finds that such
9visitation parenting time is in the best interest of the child.
   102.  In determining whether visitation parenting time would
11be in the best interest of the child pursuant to subsection 1,
12the court shall consider all of the following:
   13a.  The age and level of maturity of the child.
   14b.  If the child is developmentally mature enough to provide
15assent and whether the child does assent.
   16c.  The recommendation of the child’s custodian or legal
17guardian.
   18d.  The recommendation of a child counselor or mental health
19professional following evaluation of the child.
   20e.  The recommendation of a guardian ad litem for the
21child if one has been appointed to represent the child in the
22proceeding.
   23f.  Any other information which the court deems to be
24relevant.
   253.  Until such time as an order regarding visitation
26
 parenting time rights under subsection 1 is entered, the
27child of a parent who has been convicted of murder in the
28first degree of the child’s other parent shall not visit have
29parenting time with
the parent who has been convicted.
30   Sec. 28.  Section 598B.102, subsections 3 and 4, Code 2021,
31are amended to read as follows:
   323.  “Child-custody determination” means a judgment, decree,
33or other order of a court providing for the legal custody,
34physical custody, or visitation parenting time with respect to
35a child. The term includes a permanent, temporary, initial,
-10-1and modification order. The term does not include an order
2relating to child support or other monetary obligation of an
3individual.
   44.  “Child-custody proceeding” means a proceeding in which
5legal custody, physical custody, or visitation parenting time
6 with respect to a child is an issue. The term includes a
7proceeding for dissolution of marriage, separation, neglect,
8abuse, dependency, guardianship, paternity, termination
9of parental rights, and protection from domestic violence,
10in which the issue may appear. The term does not include
11a proceeding involving juvenile delinquency, contractual
12emancipation, or enforcement under article III.
13   Sec. 29.  Section 598B.209, subsection 1, paragraphs a and c,
14Code 2021, are amended to read as follows:
   15a.  Has participated, as a party or a witness or in any other
16capacity, in any other proceeding concerning the custody of or
17visitation parenting time with the child and, if so, identify
18the court, the case number, and the date of the child-custody
19determination, if any.
   20c.  Knows the names and addresses of any person not a party
21to the proceeding who has physical custody of the child or
22claims rights of legal custody or physical custody of, or
23visitation parenting time with, the child and, if so, the names
24and addresses of those persons.
25   Sec. 30.  Section 598B.304, Code 2021, is amended to read as
26follows:
   27598B.304  Temporary visitation parenting time.
   281.  A court of this state which does not have jurisdiction
29to modify a child-custody determination may issue a temporary
30order enforcing any of the following:
   31a.  A visitation parenting time schedule made by a court of
32another state.
   33b.  The visitation parenting time provisions of a
34child-custody determination of another state that does not
35provide for a specific visitation parenting time schedule.
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   12.  If a court of this state makes an order under subsection
21, paragraph “b”, it shall specify in the order a period that it
3considers adequate to allow the petitioner to obtain an order
4from a court having jurisdiction under the criteria specified
5in article II. The order remains in effect until an order is
6obtained from the other court or the period expires.
7   Sec. 31.  Section 598B.305, subsection 1, paragraph c, Code
82021, is amended to read as follows:
   9c.  Except as otherwise provided in section 598B.209, the
10name and address of the person seeking registration and any
11parent or person acting as a parent who has been awarded
12custody or visitation parenting time in the child-custody
13determination sought to be registered.
14   Sec. 32.  Section 598C.101, Code 2021, is amended to read as
15follows:
   16598C.101  Short title.
   17This chapter shall be known and may be cited as the “Uniform
18Deployed Parents Custody and Visitation Parenting Time Act”
.
19   Sec. 33.  Section 598C.102, subsections 2 and 6, Code 2021,
20are amended to read as follows:
   212.  “Caretaking authority” means the right to live with and
22care for a child on a day-to-day basis. “Caretaking authority”
23relative to a child includes physical custody, parenting time,
 24and right to access, and visitation.
   256.  “Custodial responsibility” includes all powers and
26duties relating to caretaking authority and decision-making
27authority for a child. “Custodial responsibility” includes
28physical custody, legal custody, parenting time, right to
29access, visitation, and authority to grant limited contact with
30a child.
31   Sec. 34.  Section 598C.403, Code 2021, is amended to read as
32follows:
   33598C.403  Visitation Parenting time before termination of
34temporary grant of custodial responsibility.
   35After a deploying parent returns from deployment and until
-12-1a temporary agreement or order for custodial responsibility
2established under article II or III is terminated, the court
3may issue a temporary order granting the deploying parent
4reasonable contact with the child unless it is contrary to
5the best interest of the child, which may include additional
6contact time to compensate for contact time lost during
7deployment.
8   Sec. 35.  Section 598C.501, Code 2021, is amended to read as
9follows:
   10598C.501  Uniformity of application and construction.
   11This chapter shall be applied and construed with
12consideration given to the need to promote uniformity of the
13law with respect to its subject matter among states that enact
14the uniform deployed parents custody and visitation parenting
15time
Act.
16   Sec. 36.  Section 600.11, subsection 2, paragraph a,
17subparagraph (5), Code 2021, is amended to read as follows:
   18(5)  A person who has been granted visitation parenting time
19 rights with the child to be adopted pursuant to section 600C.1.
20   Sec. 37.  Section 600B.26, Code 2021, is amended to read as
21follows:
   22600B.26  Payment of attorney fees.
   23In a proceeding to determine custody or visitation parenting
24time
, or to modify a paternity, custody, or visitation
25
 parenting time order under this chapter, the court may award
26the prevailing party reasonable attorney fees.
27   Sec. 38.  Section 600B.40, Code 2021, is amended to read as
28follows:
   29600B.40  Custody and visitation parenting time.
   301.  The mother of a child born out of wedlock whose paternity
31has not been acknowledged and who has not been adopted has sole
32custody of the child unless the court orders otherwise. If
33a judgment of paternity is entered, the father may petition
34for rights of visitation parenting time or custody in the same
35paternity action or in an equity proceeding separate from any
-13-1action to establish paternity.
   22.  In determining the visitation parenting time or custody
3arrangements of a child born out of wedlock, if a judgment
4of paternity is entered and the mother of the child has not
5been awarded sole custody, section 598.41 shall apply to the
6determination, as applicable, and the court shall consider the
7factors specified in section 598.41, subsection 3, including
8but not limited to the factor related to a parent’s history of
9domestic abuse.
   103.  In a proceeding under this chapter to determine custody
11or visitation parenting time or to modify a custody or
12visitation parenting time order, section 598.15 shall apply to
13the parties.
14   Sec. 39.  Section 600B.40A, Code 2021, is amended to read as
15follows:
   16600B.40A  Temporary orders — support, custody, or visitation
17
 parenting time of a child.
   18Upon petition of either parent in a proceeding involving
19support, custody, or visitation parenting time of a child for
20whom paternity has been established and whose mother and father
21have not been and are not married to each other at the time
22of filing of the petition, the court may issue a temporary
23order for support, custody, or visitation parenting time of the
24child. The temporary orders shall be made in accordance with
25the provisions relating to issuance of and changes in temporary
26orders for support, custody, or visitation parenting time of
27a child by the court in a dissolution of marriage proceeding
28pursuant to chapter 598.
29   Sec. 40.  Section 600B.41A, subsection 6, paragraph b, Code
302021, is amended to read as follows:
   31b.  If the court dismisses the action to overcome paternity
32and preserves the paternity determination under this
33subsection, the court shall enter an order establishing that
34the parent-child relationship exists between the established
35father and the child, and including establishment of a support
-14-1obligation pursuant to section 598.21B and provision of custody
2and visitation parenting time pursuant to section 598.41.
3   Sec. 41.  Section 600B.41A, subsection 10, Code 2021, is
4amended to read as follows:
   510.  Unless specifically addressed in an order entered
6pursuant to this section, provisions previously established by
7the court order regarding custody or visitation parenting time
8 of the child are unaffected by an action brought under this
9section.
10   Sec. 42.  Section 710.6, subsection 2, Code 2021, is amended
11to read as follows:
   122.  A parent of a child living apart from the other parent
13who conceals that child or causes that child’s whereabouts to
14be unknown to a parent with visitation parenting time rights or
15parental time
in violation of a court order granting visitation
16
 parenting time rights or parental time and without the other
17parent’s consent, commits a serious misdemeanor.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
   21This bill replaces the term “visitation” with the term
22“parenting time” relative to the rights awarded a parent to
23time with the parent’s child. The bill does not replace
24references to “visitation” in the context of sibling visitation
25or grandparent and great-grandparent visitation.
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