Bill Text: IA HF12 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the awarding of extraordinary visitation to a noncustodial parent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-18 - Subcommittee: Heartsill, Paustian and Wolfe. H.J. 94. [HF12 Detail]

Download: Iowa-2017-HF12-Introduced.html

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House File 12 - Introduced




                                 HOUSE FILE       
                                 BY  WOLFE

                                      A BILL FOR

  1 An Act relating to the awarding of extraordinary visitation to
  2    a noncustodial parent.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1724HH (3) 87
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PAG LIN



  1  1    Section 1.  Section 598.41, Code 2017, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  6A.  a.  If joint legal custody is awarded
  1  4 to both parents, but joint physical care is not awarded to both
  1  5 parents under subsection 5, paragraph "a", upon the request of
  1  6 the noncustodial parent, the court shall award extraordinary
  1  7 visitation to the noncustodial parent, unless the court makes a
  1  8 finding of fact that awarding extraordinary visitation to the
  1  9 noncustodial parent is not in the best interest of the child.
  1 10    b.  For the purposes of this subsection:
  1 11    (1)  "Days of visitation" means overnight visits spent with
  1 12 the noncustodial parent during which the noncustodial parent
  1 13 cares for the child.
  1 14    (2)  "Extraordinary visitation" means an award of visitation
  1 15 that exceeds one hundred twenty=seven days of visitation per
  1 16 year but does not equal joint physical care.
  1 17                           EXPLANATION
  1 18 The inclusion of this explanation does not constitute agreement with
  1 19 the explanation's substance by the members of the general assembly.
  1 20    This bill provides that if joint legal custody is awarded
  1 21 to both parents, but joint physical care is not awarded to
  1 22 both parents, upon the request of the noncustodial parent,
  1 23 the court shall award extraordinary visitation to the
  1 24 noncustodial parent, unless the court makes a finding of fact
  1 25 that awarding extraordinary visitation to the noncustodial
  1 26 parent is not in the best interest of the child.  The bill
  1 27 defines "extraordinary visitation" based upon the child
  1 28 support guidelines definition of "extraordinary visitation".
  1 29 The child support guidelines consider an award of visitation
  1 30 to be "extraordinary visitation", for the purposes of the
  1 31 noncustodial parent receiving a credit toward the noncustodial
  1 32 parent's child support obligation, if the noncustodial parent's
  1 33 court=ordered days of visitation exceed 127 days per year but
  1 34 does not equal joint physical care. For the purposes of the
  1 35 bill, "days of visitation" means overnight visits spent with
  2  1 the noncustodial parent during which the noncustodial parent
  2  2 cares for the child.
       LSB 1724HH (3) 87
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