Bill Text: IA HF66 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to children of military service members on active duty. (See Cmte. Bill HF 195)
Spectrum: Slight Partisan Bill (Republican 10-6)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF66 Detail]
Download: Iowa-2011-HF66-Introduced.html
House
File
66
-
Introduced
HOUSE
FILE
66
BY
CHAMBERS
,
J.
TAYLOR
,
SHAW
,
SWEENEY
,
HANUSA
,
VANDER
LINDEN
,
KEARNS
,
THOMAS
,
MUHLBAUER
,
WITTNEBEN
,
BERRY
,
ALONS
,
LUKAN
,
RAYHONS
,
HEDDENS
,
and
J.
SMITH
A
BILL
FOR
An
Act
relating
to
children
of
military
service
members
on
1
active
duty.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
598.41D,
Code
2011,
is
amended
to
read
1
as
follows:
2
598.41D
Assignment
of
visitation
or
joint
physical
care
——
3
parent
serving
active
duty
——
family
member.
4
1.
Notwithstanding
any
provision
to
the
contrary,
a
5
parent
who
has
been
granted
court-ordered
visitation
with
6
or
joint
physical
care
of
the
parent’s
minor
child
may
file
7
an
application
for
modification
of
a
decree
or
a
petition
8
for
modification
of
an
order
regarding
child
visitation
or
9
joint
physical
care
,
prior
to
or
during
the
time
the
parent
10
is
serving
active
duty
in
the
military
service
of
the
United
11
States,
to
temporarily
assign
that
parent’s
visitation
rights
12
or
award
of
joint
physical
care
to
a
family
member
of
the
minor
13
child,
as
specified
by
the
parent.
The
application
or
petition
14
shall
be
accompanied
by
an
affidavit
from
the
family
member
15
indicating
the
family
member’s
knowledge
of
the
application
or
16
petition
and
willingness
to
exercise
the
parent’s
visitation
17
rights
or
assume
joint
physical
care
of
the
child
during
the
18
parent’s
absence.
The
application
or
petition
shall
also
19
request
any
change
in
the
visitation
schedule
or
award
of
joint
20
physical
care
necessitated
by
the
assignment.
21
2.
a.
If
the
active
duty
of
a
parent
affects
the
parent’s
22
ability
or
anticipated
ability
to
appear
at
a
regularly
23
scheduled
hearing,
the
court
shall
provide
for
an
expedited
24
hearing
in
matters
instituted
under
this
section
.
25
b.
If
the
active
duty
or
anticipated
active
duty
of
a
parent
26
prevents
the
parent
from
appearing
in
person
at
a
hearing,
the
27
court
shall
provide,
upon
reasonable
advance
notice,
for
the
28
parent
to
present
testimony
and
evidence
by
electronic
means
29
in
matters
instituted
under
this
section
.
For
the
purposes
of
30
this
paragraph,
“electronic
means”
includes
communication
by
31
telephone,
video
teleconference,
or
the
internet.
32
3.
a.
The
court
may
grant
the
parent’s
request
for
33
temporary
assignment
of
visitation
or
joint
physical
care
34
and
any
change
in
the
visitation
schedule
or
award
of
joint
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physical
care
requested
if
the
court
finds
that
such
assignment
1
of
visitation
or
joint
physical
care
is
in
the
best
interest
2
of
the
child.
3
b.
In
determining
the
best
interest
of
the
child,
the
court
4
shall
ensure
all
of
the
following:
5
(1)
That
the
specified
family
member
is
not
a
sex
offender
6
as
defined
in
section
692A.101
.
7
(2)
That
the
specified
family
member
does
not
have
a
history
8
of
domestic
abuse,
as
defined
in
section
236.2
.
In
determining
9
whether
a
history
of
domestic
abuse
exists,
the
court’s
10
consideration
shall
include
but
is
not
limited
to
commencement
11
of
an
action
pursuant
to
section
236.3
,
the
issuance
of
a
12
protective
order
against
the
individual
or
the
issuance
of
a
13
court
order
or
consent
agreement
pursuant
to
section
236.5
,
14
the
issuance
of
an
emergency
order
pursuant
to
section
236.6
,
15
the
holding
of
an
individual
in
contempt
pursuant
to
section
16
664A.7
,
the
response
of
a
peace
officer
to
the
scene
of
17
alleged
domestic
abuse
or
the
arrest
of
an
individual
following
18
response
to
a
report
of
alleged
domestic
abuse,
or
a
conviction
19
for
domestic
abuse
assault
pursuant
to
section
708.2A
.
20
(3)
That
the
specified
family
member
does
not
have
a
record
21
of
founded
child
or
dependent
adult
abuse.
22
(4)
That
the
specified
family
member
has
an
established
23
relationship
with
the
child
and
assigning
visitation
or
joint
24
physical
care
to
the
specified
family
member
will
provide
25
the
child
the
opportunity
to
maintain
an
ongoing
family
26
relationship
that
is
important
to
the
child.
27
(5)
That
the
specified
family
member
is
able
to
personally
28
and
financially
support
the
child
during
visitation
or
joint
29
physical
care
.
30
4.
An
order
granting
assignment
of
visitation
rights
or
31
award
of
joint
physical
care
under
this
section
does
not
create
32
separate
rights
to
visitation
or
an
award
of
joint
physical
33
care
for
a
person
other
than
the
parent.
34
5.
The
parent
whose
visitation
rights
are
or
award
of
joint
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physical
care
is
temporarily
assigned
shall
provide
a
copy
of
1
the
order
granting
assignment
of
visitation
or
joint
physical
2
care
to
the
school
and
school
district
of
the
child
to
whom
the
3
order
applies.
4
6.
An
order
granting
temporary
assignment
of
visitation
5
rights
or
award
of
joint
physical
care
pursuant
to
this
section
6
shall
terminate
upon
notification
of
the
court
by
the
parent
7
or
automatically
upon
the
parent’s
completion
of
active
duty,
8
whichever
occurs
first.
9
7.
After
a
parent
completes
active
duty,
if
an
application
10
for
modification
of
a
decree
or
a
petition
for
modification
of
11
an
order
is
filed,
the
parent’s
absence
due
to
active
duty
or
12
the
assignment
of
visitation
rights
or
award
of
joint
physical
13
care
does
not
constitute
a
substantial
change
in
circumstances,
14
and
the
court
shall
not
consider
a
parent’s
absence
due
to
that
15
active
duty
or
the
assignment
of
visitation
rights
or
award
of
16
joint
physical
care
in
making
a
determination
regarding
the
17
best
interest
of
the
child
relative
to
such
an
application
or
18
petition
filed
after
a
parent
completes
active
duty.
19
8.
As
used
in
this
section
,
“active
duty”
means
active
20
military
duty
pursuant
to
orders
issued
under
Tit.
X
of
the
21
United
States
Code.
However,
this
section
shall
not
apply
to
22
active
guard
and
reserve
duty
or
similar
full-time
military
23
duty
performed
by
a
parent
when
the
child
remains
in
actual
24
custody
of
the
parent.
25
EXPLANATION
26
This
bill
relates
to
the
custody-related
issues
of
children
27
of
active
duty
military
personnel.
The
bill
provides
that
in
28
addition
to
assignment
of
court-ordered
visitation,
a
parent
29
who
will
be
or
is
serving
active
duty
in
the
military
service
30
of
the
United
States,
may
petition
to
have
an
award
of
joint
31
physical
care
assigned
to
a
family
member
of
the
minor
child,
32
as
specified
by
the
parent.
As
with
assignment
of
visitation,
33
the
court
must
determine
that
the
assignment
of
the
award
of
34
joint
physical
care
is
in
the
best
interest
of
the
child
based
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