Bill Text: IA HF195 | 2011-2012 | 84th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to assignment of visitation or physical care parenting time for children of military service members on active duty and including effective date provisions. (Formerly HF 66) Effective 4-12-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [HF195 Detail]
Download: Iowa-2011-HF195-Amended.html
Bill Title: A bill for an act relating to assignment of visitation or physical care parenting time for children of military service members on active duty and including effective date provisions. (Formerly HF 66) Effective 4-12-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [HF195 Detail]
Download: Iowa-2011-HF195-Amended.html
House
File
195
-
Reprinted
HOUSE
FILE
195
BY
COMMITTEE
ON
VETERANS
AFFAIRS
(SUCCESSOR
TO
HF
66)
(As
Amended
and
Passed
by
the
House
March
1,
2011
)
A
BILL
FOR
An
Act
relating
to
assignment
of
visitation
or
physical
care
1
parenting
time
for
children
of
military
service
members
on
2
active
duty
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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195
Section
1.
Section
598.41D,
Code
2011,
is
amended
to
read
1
as
follows:
2
598.41D
Assignment
of
visitation
or
physical
care
parenting
3
time
——
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
20
parent
who
has
been
granted
court-ordered
physical
care
or
21
joint
physical
care
of
the
parent’s
minor
child
may
file
an
22
application
for
modification
of
a
decree
or
a
petition
for
23
modification
of
an
order
regarding
child
custody,
prior
to
24
or
during
the
time
the
parent
is
serving
active
duty
in
the
25
military
service
of
the
United
States,
to
temporarily
assign
26
the
parent’s
physical
care
parenting
time
to
a
family
member
of
27
the
minor
child,
as
specified
by
the
parent.
The
application
28
or
petition
shall
be
accompanied
by
an
affidavit
from
the
29
family
member
indicating
the
family
member’s
knowledge
of
30
the
application
or
petition
and
willingness
to
exercise
the
31
parent’s
physical
care
parenting
time
during
the
parent’s
32
absence.
The
application
or
petition
shall
also
request
33
any
change
in
the
physical
care
parenting
time
schedule
34
necessitated
by
the
assignment.
35
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2.
3.
a.
If
the
active
duty
of
a
parent
affects
the
1
parent’s
ability
or
anticipated
ability
to
appear
at
a
2
regularly
scheduled
hearing,
the
court
shall
provide
for
an
3
expedited
hearing
in
matters
instituted
under
this
section
.
4
b.
If
the
active
duty
or
anticipated
active
duty
of
a
parent
5
prevents
the
parent
from
appearing
in
person
at
a
hearing,
the
6
court
shall
provide,
upon
reasonable
advance
notice,
for
the
7
parent
to
present
testimony
and
evidence
by
electronic
means
8
in
matters
instituted
under
this
section
.
For
the
purposes
of
9
this
paragraph,
“electronic
means”
includes
communication
by
10
telephone,
video
teleconference,
or
the
internet.
11
3.
4.
a.
The
court
may
grant
the
parent’s
request
for
12
temporary
assignment
of
visitation
or
physical
care
parenting
13
time
and
any
change
in
the
visitation
or
physical
care
14
parenting
time
schedule
requested
if
the
court
finds
that
such
15
assignment
of
visitation
or
physical
care
parenting
time
is
in
16
the
best
interest
of
the
child.
17
b.
In
determining
the
best
interest
of
the
child,
the
court
18
shall
ensure
all
of
the
following:
19
(1)
That
the
specified
family
member
is
not
a
sex
offender
20
as
defined
in
section
692A.101
.
21
(2)
That
the
specified
family
member
does
not
have
a
history
22
of
domestic
abuse,
as
defined
in
section
236.2
.
In
determining
23
whether
a
history
of
domestic
abuse
exists,
the
court’s
24
consideration
shall
include
but
is
not
limited
to
commencement
25
of
an
action
pursuant
to
section
236.3
,
the
issuance
of
a
26
protective
order
against
the
individual
or
the
issuance
of
a
27
court
order
or
consent
agreement
pursuant
to
section
236.5
,
28
the
issuance
of
an
emergency
order
pursuant
to
section
236.6
,
29
the
holding
of
an
individual
in
contempt
pursuant
to
section
30
664A.7
,
the
response
of
a
peace
officer
to
the
scene
of
31
alleged
domestic
abuse
or
the
arrest
of
an
individual
following
32
response
to
a
report
of
alleged
domestic
abuse,
or
a
conviction
33
for
domestic
abuse
assault
pursuant
to
section
708.2A
.
34
(3)
That
the
specified
family
member
does
not
have
a
record
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of
founded
child
or
dependent
adult
abuse.
1
(4)
That
the
specified
family
member
has
an
established
2
relationship
with
the
child
and
assigning
visitation
or
3
physical
care
parenting
time
to
the
specified
family
member
4
will
provide
the
child
the
opportunity
to
maintain
an
ongoing
5
family
relationship
that
is
important
to
the
child.
6
(5)
That
the
specified
family
member
is
able
demonstrates
7
an
ability
to
personally
and
financially
support
the
child
8
and
will
support
the
child’s
relationship
with
both
of
the
9
child’s
parents
during
the
assigned
visitation
or
physical
care
10
parenting
time
.
11
4.
5.
An
order
granting
assignment
of
visitation
rights
12
or
physical
care
parenting
time
under
this
section
does
not
13
create
separate
rights
to
visitation
or
physical
care
parenting
14
time
for
a
person
other
than
the
parent.
An
order
granting
15
assignment
of
visitation
or
physical
care
parenting
time
under
16
this
section
does
not
grant
any
custodial
or
parental
rights
to
17
any
person
who
is
not
the
parent
of
the
child.
18
6.
An
order
granted
under
this
section
may
temporarily
19
assign
visitation
or
physical
care
parenting
time
that
is
equal
20
to
or
less
than
the
visitation
or
physical
care
parenting
21
time
awarded
to
the
parent
whose
visitation
or
physical
care
22
parenting
time
is
assigned.
23
5.
7.
The
parent
whose
visitation
rights
are
or
physical
24
care
parenting
time
is
temporarily
assigned
shall
provide
a
25
copy
of
the
order
granting
assignment
of
visitation
or
physical
26
care
parenting
time
to
the
school
and
school
district
of
the
27
child
to
whom
the
order
applies.
28
6.
8.
An
order
granting
temporary
assignment
of
visitation
29
rights
or
physical
care
parenting
time
pursuant
to
this
section
30
shall
terminate
upon
notification
of
the
court
by
the
parent
31
or
automatically
upon
the
parent’s
completion
of
active
duty,
32
whichever
occurs
first.
33
7.
9.
After
a
parent
completes
active
duty,
if
an
34
application
for
modification
of
a
decree
or
a
petition
for
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modification
of
an
order
is
filed,
the
parent’s
absence
due
1
to
active
duty
or
the
assignment
of
visitation
rights
or
2
physical
care
parenting
time
does
not
constitute
a
substantial
3
change
in
circumstances,
and
the
court
shall
not
consider
a
4
parent’s
absence
due
to
that
active
duty
or
the
assignment
of
5
visitation
rights
or
physical
care
parenting
time
in
making
a
6
determination
regarding
the
best
interest
of
the
child
relative
7
to
such
an
application
or
petition
filed
after
a
parent
8
completes
active
duty.
9
8.
10.
As
used
in
this
section
,
“active
duty”
means
active
10
military
duty
pursuant
to
orders
issued
under
Tit.
X
of
the
11
United
States
Code.
However,
this
section
shall
not
apply
to
12
active
guard
and
reserve
duty
or
similar
full-time
military
13
duty
performed
by
a
parent
when
the
child
remains
in
actual
14
custody
of
the
parent.
15
11.
As
used
in
this
section,
“parenting
time”
means
actual
16
time
spent
with
the
child
as
specified
in
a
decree
or
order,
17
but
does
not
include
any
other
element
of
legal
custody,
18
physical
care,
or
joint
physical
care.
19
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
20
immediate
importance,
takes
effect
upon
enactment.
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