CHAPTER 1084MILITARY SERVICE — PARENTS CUSTODY AND VISITATIONS.F. 2233AN ACT creating the uniform deployed parents custody and visitation Act, and repealing current Code provisions relating to parents on active military duty.Be It Enacted by the General Assembly of the State of Iowa:DIVISION IArticle IGENERAL PROVISIONS   Section 1.   NEW SECTION.  598C.101  Short title.   This chapter shall be known and may be cited as the “Uniform Deployed Parents Custody and Visitation Act”.   Sec. 2.   NEW SECTION.  598C.102  Definitions.   As used in this chapter, unless the context otherwise requires:   1.  “Adult” means an individual who has attained eighteen years of age or is an emancipated minor.   2.  “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. “Caretaking authority” relative to a child includes physical custody, parenting time, right to access, and visitation.   3.  “Child” means any of the following:   a.  An unemancipated individual who has not attained eighteen years of age.   b.  An adult son or daughter by birth or adoption, or under a law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility.   4.  “Close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent.   5.  “Court” means a tribunal, including an administrative agency, authorized under a law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility.   6.  “Custodial responsibility” includes all powers and duties relating to caretaking authority and decision-making authority for a child. “Custodial responsibility” includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child.   7.  “Decision-making authority” means the power to make important decisions regarding a child, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel. “Decision-making authority” does not include the power to make decisions that necessarily accompany a grant of caretaking authority.   8.  “Deploying parent” means a service member who is deployed or has been notified of impending 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 underSee chapter 1138, §27 herein law of this state other than this chapter.   9.  “Deployment” means the movement or mobilization of a service member for more than ninety days but less than eighteen months pursuant to uniformed service 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 service member is deployed.   10.  “Family member” means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under a law of this state other than this chapter.   11.  “Limited contact” means the authority of a nonparent to visit a child for a limited time. “Limited contact” includes authority to take the child to a place other than the residence of the child.   12.  “Nonparent” means an individual other than a deploying parent or other parent.   13.  “Other parent” means an individual who, in common with a deploying parent, is one 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.   14.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   15.  “Return from deployment” means the conclusion of a service member’s deployment as specified in uniformed service orders, less any terminal, medical, or annual leave authorized to the service member.   16.  “Service member” means a member of a uniformed service.   17.  “Sign” means, with present intent to authenticate or adopt a record, to execute or adopt a tangible symbol or to attach to or logically associate with the record an electronic symbol, sound, or process.    18.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.   19.  “Uniformed service” 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. 3.   NEW SECTION.  598C.103  Remedies for noncompliance.   In addition to other remedies under a law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief.   Sec. 4.   NEW SECTION.  598C.104  Jurisdiction.   1.  A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 598B, the uniform child-custody jurisdiction and enforcement Act.   2.  If a court has issued a temporary order regarding custodial responsibility pursuant to article III, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 598B, the uniform child-custody jurisdiction and enforcement Act, during the deployment.   3.  If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to article II, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 598B, the uniform child-custody jurisdiction and enforcement Act.   4.  If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 598B, the uniform child-custody jurisdiction and enforcement Act.   5.  This section does not prevent a court from exercising temporary emergency jurisdiction under chapter 598B, the uniform child-custody jurisdiction and enforcement Act.   Sec. 5.   NEW SECTION.  598C.105  Notification required of deploying parent.   1.  Except as otherwise provided in subsection 4, and subject to subsection 3, a deploying parent shall notify the other parent, in a record, of a pending deployment, not later than seven days after receiving notice of 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.   2.  Except as otherwise provided in subsection 4, and subject to subsection 3, each parent shall provide the other parent with a plan in a record for fulfilling that parent’s share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection 1.   3.  If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection 1 or notification of a plan for custodial responsibility during deployment under subsection 2 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.   4.  Notification in a record under subsection 1 or 2 is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.   5.  In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.   Sec. 6.   NEW SECTION.  598C.106  Duty to notify of change of address.   1.  Except as otherwise provided in subsection 2, an individual to whom custodial responsibility has been granted during deployment pursuant to article II or III shall notify in a record the deploying parent, and any other individual with custodial responsibility for a child, of any change of the individual’s mailing address or residence until the grant is terminated. The individual shall provide the notice to any court that has issued a custody or child support order concerning the child which is currently in effect.   2.  If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection 1 may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom custodial responsibility has been granted.   Sec. 7.   NEW SECTION.  598C.107  General consideration in custody proceeding of parent’s military service.   In a proceeding for custodial responsibility of a child of a service member, a court shall not consider a parent’s past deployment or probable future deployment in general in determining the best interest of the child.ARTICLE IIAGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT   Sec. 8.   NEW SECTION.  598C.201  Form of agreement.   1.  The parents of a child may enter into a temporary agreement under this article granting custodial responsibility during deployment.   2.  An agreement under subsection 1 shall comply with all of the following:   a.  Be in writing.   b.  Be signed by both parents and any nonparent to whom custodial responsibility is granted.   3.  Subject to subsection 4, an agreement under subsection 1, if feasible, must provide all of the following:   a.  Identify the destination, duration, and conditions of the deployment that is the basis for the agreement.   b.  Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent.   c.  Specify any decision-making authority that accompanies a grant of caretaking authority.   d.  Specify any grant of limited contact to a nonparent.   e.  If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise.   f.  Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact.   g.  Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available.    h.  Acknowledge that any parent’s child support obligation cannot be modified by the agreement, and that changing the terms of the child support obligation during deployment requires modification in the appropriate court.   i.  Provide that the agreement will terminate according to the procedures under article IV after the deploying parent returns from deployment.   j.  If the agreement must be filed pursuant to section 598C.205, specify which parent is required to file the agreement.    4.  The omission of any of the items specified in subsection 3 does not invalidate an agreement under this section.    Sec. 9.   NEW SECTION.  598C.202  Nature of authority created by agreement.   1.  An agreement under this article is temporary and terminates pursuant to article IV after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section 598C.203. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given.   2.  A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this article has standing to enforce the agreement until it has been terminated by court order, by modification under section 598C.203, or under article IV.   Sec. 10.   NEW SECTION.  598C.203  Modification of agreement.   1.  By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this article.    2.  If an agreement is modified under subsection 1 before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.    3.  If an agreement is modified under subsection 1 during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.    Sec. 11.   NEW SECTION.  598C.204  Power of attorney.   A deploying parent, by power of attorney, may delegate all or part of the deploying parent’s custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under a law of this state other than this chapter, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power of attorney.   Sec. 12.   NEW SECTION.  598C.205  Filing agreement or power of attorney with court.   An agreement or power of attorney under this article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.article IIIJUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT    Sec. 13.   NEW SECTION.  598C.301  Proceeding for temporary custody order.   1.  After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the federal Servicemembers Civil Relief Act, 50 U.S.C.app.§§521 and 522 or the Iowa national guard civil relief provisions contained in chapter 29A, subchapter VI. A court shall not issue a temporary order granting custodial responsibility without notice to the deploying parent. A court shall not issue a permanent order granting custodial responsibility without the consent of the deploying parent.   2.  At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section 598C.104 or, if there is no pending proceeding in a court with jurisdiction under section 598C.104, in a new action for granting custodial responsibility during deployment.   Sec. 14.   NEW SECTION.  598C.302  Expedited hearing.   If a motion to grant custodial responsibility is filed under section 598C.301, subsection 2, before a deploying parent deploys, the court shall conduct an expedited hearing.    Sec. 15.   NEW SECTION.  598C.303  Testimony by electronic means.   In a proceeding under this article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance. For purposes of this section, “electronic means” includes communication by telephone, video conference, or the internet.   Sec. 16.   NEW SECTION.  598C.304  Effect of prior judicial order or agreement.   In a proceeding for a grant of custodial responsibility pursuant to this article, the following rules shall apply:   1.  A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of a law of this state other than this chapter for modifying a judicial order regarding custodial responsibility.   2.  The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under article II, unless the court finds that the agreement is contrary to the best interest of the child.    Sec. 17.   NEW SECTION.  598C.305  Grant of caretaking or decision-making authority to nonparent.   1.  On motion of a deploying parent and in accordance with a law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.   2.  Unless a grant of caretaking authority to a nonparent under subsection 1 is agreed to by the other parent, the grant is limited to an amount of time not greater than one of the following:   a.  The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child.   b.  In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.   3.  A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel.   4.  In determining the best interest of the child, the court shall ensure all of the following:   a.  That the specified adult family member or adult with whom the child has a close and substantial relationship is not a sex offender as defined in section 692A.101.   b.  That the specified adult family member or adult with whom the child has a close and substantial relationship does not have a history of domestic abuse, as defined in section 236.2. In determining whether a history of domestic abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 236.3, the issuance of a protective order against the individual or the issuance of a court order or consent agreement pursuant to section 236.5, the issuance of an emergency order pursuant to section 236.6, the holding of an individual in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged domestic abuse or the arrest of an individual following response to a report of alleged domestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A.   c.  That the specified adult family member or adult with whom the child has a close and substantial relationship does not have a record of founded child or dependent adult abuse.   d.  That the specified adult family member or adult has established a close and substantial relationship with the child and that granting caretaking authority or decision-making authority to the specified individual will provide the child the opportunity to maintain an ongoing relationship that is important to the child.   e.  That the specified adult family member or adult with whom the child has a close and substantial relationship demonstrates an ability to personally and financially support the child and will support the child’s relationship with both of the child’s parents during the grant of caretaking authority or decision-making authority.   Sec. 18.   NEW SECTION.  598C.306  Grant of limited contact.   On motion of a deploying parent, and in accordance with a law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court may grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship.   Sec. 19.   NEW SECTION.  598C.307  Nature of authority created by temporary custody order.    1.  A grant of authority under this article is temporary and terminates under article IV after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.   2.  A nonparent granted caretaking authority, decision-making authority, or limited contact under this article has standing to enforce the grant until it is terminated by court order or under article IV.   Sec. 20.   NEW SECTION.  598C.308  Content of temporary custody order.   1.  An order granting custodial responsibility under this article must do all of the following:   a.  Designate the order as temporary.   b.  Identify to the extent feasible the destination, duration, and conditions of the deployment.   2.  If applicable, an order for custodial responsibility under this article must do all of the following:   a.  Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent.   b.  If the order divides caretaking authority or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise.   c.  Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications.   d.  Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child.   e.  Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, unless it is contrary to the best interest of the child, which may include additional contact time to compensate for contact time lost during deployment.   f.  Provide that the order will terminate pursuant to article IV after the deploying parent returns from deployment.   Sec. 21.   NEW SECTION.  598C.309  Order for child support.   If a court has issued an order granting caretaking authority under this article, or an agreement granting caretaking authority has been executed under article II, the court may enter a temporary order for child support consistent with a law of this state other than this chapter if the court has jurisdiction under chapter 252K, the uniform interstate family support Act.   Sec. 22.   NEW SECTION.  598C.310  Modifying or terminating grant of custodial responsibility to nonparent.   1.  Except for an order under section 598C.304, and except as otherwise provided in subsection 2, and consistent with the federal Servicemembers Civil Relief Act, 50 U.S.C.app.§§521 and 522 and the Iowa national guard civil relief provisions contained in chapter 29A, subchapter VI, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this article and it is in the best interest of the child. A modification is temporary and terminates pursuant to article IV after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.   2.  The court may appoint a guardian ad litem or an attorney to represent the best interest of the child or may require an appropriate agency to make an investigation of the parties as provided in section 598.12.ARTICLE IVRETURN FROM DEPLOYMENT   Sec. 23.   NEW SECTION.  598C.401  Procedure for terminating temporary grant of custodial responsibility established by agreement.   1.  At any time after return from deployment, a temporary agreement granting custodial responsibility under article II may be terminated by an agreement to terminate signed by the deploying parent and the other parent.   2.  A temporary agreement under article II granting custodial responsibility terminates on one of the following dates:   a.  If an agreement to terminate under subsection 1 specifies a date for termination, on that date.   b.  If the agreement to terminate does not specify a date, on the date of the last signature of the deploying parent or the other parent.   3.  In the absence of an agreement under subsection 1 to terminate, a temporary agreement granting custodial responsibility terminates under article II sixty days after the deploying parent gives notice in a record to the other parent that the deploying parent returned from deployment.   4.  If a temporary agreement granting custodial responsibility was filed with a court pursuant to section 598C.205, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning custodial responsibility or child support must be provided to the court with the agreement to terminate.   Sec. 24.   NEW SECTION.  598C.402  Consent procedure for terminating temporary grant of custodial responsibility established by court order.   At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under article III. After an agreement to terminate has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately.   Sec. 25.   NEW SECTION.  598C.403  Visitation before termination of temporary grant of custodial responsibility.   After a deploying parent returns from deployment and until a temporary agreement or order for custodial responsibility established under article II or III is terminated, the court may issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, which may include additional contact time to compensate for contact time lost during deployment.   Sec. 26.   NEW SECTION.  598C.404  Termination by operation of law of temporary grant of custodial responsibility established by court order.    1.  If an agreement between the parties to terminate a temporary order for custodial responsibility under article III has not been filed, the order terminates sixty days after the deploying parent gives notice in a record to the other parent and any nonparent granted custodial responsibility that the deploying parent has returned from deployment.   2.  A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by the law of this state other than this chapter.ARTICLE VMISCELLANEOUS PROVISIONS   Sec. 27.   NEW SECTION.  598C.501  Uniformity of application and construction.   This chapter shall be applied and construed with consideration given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform deployed parents custody and visitation Act.   Sec. 28.   NEW SECTION.  598C.502  Relation to Electronic Signatures in Global and National Commerce Act.   This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C.§7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C.§7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C.§7003(b).   Sec. 29.   NEW SECTION.  598C.503  Applicability.   This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before July 1, 2016.DIVISION II   Sec. 30.   REPEAL.  Sections 598.41C and 598.41D, Code 2016, are repealed.Approved April 13, 2016