Bill Text: IA SF79 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to assignment of visitation or joint physical care parenting time for children of military service members on active duty. (See SF 198.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF79 Detail]
Download: Iowa-2011-SF79-Introduced.html
Senate
File
79
-
Introduced
SENATE
FILE
79
BY
KIBBIE
A
BILL
FOR
An
Act
relating
to
assignment
of
visitation
or
joint
physical
1
care
parenting
time
for
children
of
military
service
members
2
on
active
duty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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
parent
20
who
has
been
granted
court-ordered
joint
physical
care
of
the
21
parent’s
minor
child
may
file
an
application
for
modification
22
of
a
decree
or
a
petition
for
modification
of
an
order
23
regarding
child
custody,
prior
to
or
during
the
time
the
parent
24
is
serving
active
duty
in
the
military
service
of
the
United
25
States,
to
temporarily
assign
the
parent’s
joint
physical
26
care
parenting
time
to
a
family
member
of
the
minor
child,
as
27
specified
by
the
parent.
The
application
or
petition
shall
be
28
accompanied
by
an
affidavit
from
the
family
member
indicating
29
the
family
member’s
knowledge
of
the
application
or
petition
30
and
willingness
to
exercise
the
parent’s
joint
physical
care
31
parenting
time
during
the
parent’s
absence.
The
application
or
32
petition
shall
also
request
any
change
in
the
joint
physical
33
care
parenting
time
schedule
necessitated
by
the
assignment.
34
2.
3.
a.
If
the
active
duty
of
a
parent
affects
the
35
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parent’s
ability
or
anticipated
ability
to
appear
at
a
1
regularly
scheduled
hearing,
the
court
shall
provide
for
an
2
expedited
hearing
in
matters
instituted
under
this
section
.
3
b.
If
the
active
duty
or
anticipated
active
duty
of
a
parent
4
prevents
the
parent
from
appearing
in
person
at
a
hearing,
the
5
court
shall
provide,
upon
reasonable
advance
notice,
for
the
6
parent
to
present
testimony
and
evidence
by
electronic
means
7
in
matters
instituted
under
this
section
.
For
the
purposes
of
8
this
paragraph,
“electronic
means”
includes
communication
by
9
telephone,
video
teleconference,
or
the
internet.
10
3.
4.
a.
The
court
may
grant
the
parent’s
request
for
11
temporary
assignment
of
visitation
or
joint
physical
care
12
parenting
time
and
any
change
in
the
visitation
or
joint
13
physical
care
parenting
time
schedule
requested
if
the
court
14
finds
that
such
assignment
of
visitation
or
joint
physical
care
15
parenting
time
is
in
the
best
interest
of
the
child.
16
b.
In
determining
the
best
interest
of
the
child,
the
court
17
shall
ensure
all
of
the
following:
18
(1)
That
the
specified
family
member
is
not
a
sex
offender
19
as
defined
in
section
692A.101
.
20
(2)
That
the
specified
family
member
does
not
have
a
history
21
of
domestic
abuse,
as
defined
in
section
236.2
.
In
determining
22
whether
a
history
of
domestic
abuse
exists,
the
court’s
23
consideration
shall
include
but
is
not
limited
to
commencement
24
of
an
action
pursuant
to
section
236.3
,
the
issuance
of
a
25
protective
order
against
the
individual
or
the
issuance
of
a
26
court
order
or
consent
agreement
pursuant
to
section
236.5
,
27
the
issuance
of
an
emergency
order
pursuant
to
section
236.6
,
28
the
holding
of
an
individual
in
contempt
pursuant
to
section
29
664A.7
,
the
response
of
a
peace
officer
to
the
scene
of
30
alleged
domestic
abuse
or
the
arrest
of
an
individual
following
31
response
to
a
report
of
alleged
domestic
abuse,
or
a
conviction
32
for
domestic
abuse
assault
pursuant
to
section
708.2A
.
33
(3)
That
the
specified
family
member
does
not
have
a
record
34
of
founded
child
or
dependent
adult
abuse.
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(4)
(2)
That
the
specified
family
member
has
an
established
1
relationship
with
the
child
and
assigning
visitation
or
joint
2
physical
care
parenting
time
to
the
specified
family
member
3
will
provide
the
child
the
opportunity
to
maintain
an
ongoing
4
family
relationship
that
is
important
to
the
child.
5
(5)
(3)
That
the
specified
family
member
is
able
to
6
personally
and
financially
support
the
child
and
will
support
7
the
child’s
relationship
with
both
of
the
child’s
parents
8
during
the
assigned
visitation
or
joint
physical
care
parenting
9
time
.
10
c.
In
determining
the
best
interest
of
the
child,
the
court
11
shall
consider:
12
(1)
Whether
the
specified
family
member
has
a
history
of
13
domestic
abuse,
as
defined
in
section
236.2.
In
determining
14
whether
a
history
of
domestic
abuse
exists,
the
court’s
15
consideration
shall
include
but
is
not
limited
to
commencement
16
of
an
action
pursuant
to
section
236.3,
the
issuance
of
a
17
protective
order
against
the
individual
or
the
issuance
of
a
18
court
order
or
consent
agreement
pursuant
to
section
236.5,
19
the
issuance
of
an
emergency
order
pursuant
to
section
236.6,
20
the
holding
of
an
individual
in
contempt
pursuant
to
section
21
664A.7,
the
response
of
a
peace
officer
to
the
scene
of
22
alleged
domestic
abuse
or
the
arrest
of
an
individual
following
23
response
to
a
report
of
alleged
domestic
abuse,
or
a
conviction
24
for
domestic
abuse
assault
pursuant
to
section
708.2A.
25
(2)
Whether
the
specified
family
member
has
a
record
of
26
founded
child
or
dependent
adult
abuse.
27
4.
5.
An
order
granting
assignment
of
visitation
rights
28
or
joint
physical
care
parenting
time
under
this
section
does
29
not
create
separate
rights
to
visitation
or
joint
physical
care
30
parenting
time
for
a
person
other
than
the
parent.
31
6.
An
order
granted
under
this
section
may
temporarily
32
assign
visitation
or
joint
physical
care
parenting
time
that
33
is
equal
to
or
less
than
the
visitation
or
joint
physical
care
34
parenting
time
awarded
to
the
parent
whose
visitation
or
joint
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physical
care
parenting
time
is
assigned.
1
5.
7.
The
parent
whose
visitation
rights
are
or
joint
2
physical
care
parenting
time
is
temporarily
assigned
shall
3
provide
a
copy
of
the
order
granting
assignment
of
visitation
4
or
joint
physical
care
parenting
time
to
the
school
and
school
5
district
of
the
child
to
whom
the
order
applies.
6
6.
8.
An
order
granting
temporary
assignment
of
visitation
7
rights
or
joint
physical
care
parenting
time
pursuant
to
this
8
section
shall
terminate
upon
notification
of
the
court
by
the
9
parent
or
automatically
upon
the
parent’s
completion
of
active
10
duty,
whichever
occurs
first.
11
7.
9.
After
a
parent
completes
active
duty,
if
an
12
application
for
modification
of
a
decree
or
a
petition
for
13
modification
of
an
order
is
filed,
the
parent’s
absence
due
to
14
active
duty
or
the
assignment
of
visitation
rights
or
joint
15
physical
care
parenting
time
does
not
constitute
a
substantial
16
change
in
circumstances,
and
the
court
shall
not
consider
a
17
parent’s
absence
due
to
that
active
duty
or
the
assignment
18
of
visitation
rights
or
joint
physical
care
parenting
time
19
in
making
a
determination
regarding
the
best
interest
of
the
20
child
relative
to
such
an
application
or
petition
filed
after
a
21
parent
completes
active
duty.
22
8.
10.
As
used
in
this
section
,
“active
duty”
means
active
23
military
duty
pursuant
to
orders
issued
under
Tit.
X
of
the
24
United
States
Code.
However,
this
section
shall
not
apply
to
25
active
guard
and
reserve
duty
or
similar
full-time
military
26
duty
performed
by
a
parent
when
the
child
remains
in
actual
27
custody
of
the
parent.
28
EXPLANATION
29
This
bill
relates
to
custody-related
issues
of
children
of
30
active
duty
military
personnel.
The
bill
provides
that
in
31
addition
to
assignment
of
court-ordered
visitation,
a
parent
32
who
will
be
or
is
serving
active
duty
in
the
military
service
33
of
the
United
States
may
petition
to
have
joint
physical
34
care
parenting
time
assigned
to
a
family
member
of
the
minor
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child
as
specified
by
the
parent.
As
with
the
assignment
of
1
visitation,
the
court
must
determine
that
the
assignment
of
2
joint
physical
care
parenting
time
is
in
the
best
interest
of
3
the
child.
The
bill
also
amends
the
best
interest
of
the
child
4
determination
by
the
court
to
provide
that
in
determining
the
5
best
interest
of
the
child
in
addition
to
factors
the
court
is
6
to
ensure,
the
bill
includes
that
the
specified
family
member
7
will
support
the
child’s
relationship
with
both
of
the
child’s
8
parents
during
the
assigned
visitation
or
joint
physical
care
9
parenting
time.
However,
the
bill
amends
the
current
factors
10
that
the
court
is
to
ensure
and
instead
requires
that
the
court
11
consider
whether
the
specified
family
member
has
a
history
of
12
domestic
abuse
and
whether
the
specified
family
member
has
a
13
record
of
founded
child
or
dependent
abuse.
14
The
bill
also
provides
that
an
order
granted
under
the
15
bill
may
temporarily
assign
visitation
or
joint
physical
care
16
parenting
time
that
is
equal
to
or
less
than
the
visitation
or
17
joint
physical
care
parenting
time
awarded
to
the
parent.
18
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