Bill Text: IA HF2089 | 2015-2016 | 86th General Assembly | Introduced

---

Bill Title: A bill for an act relating to temporary orders for custody involving the relocation of the residence of a minor child.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-27 - Subcommittee, Rogers, Branhagen, and Dawson. H.J. 139. [HF2089 Detail]

Download: Iowa-2015-HF2089-Introduced.html

---

House File 2089 - Introduced




                                 HOUSE FILE       
                                 BY  RIZER

                                      A BILL FOR

  1 An Act relating to temporary orders for custody involving the
  2    relocation of the residence of a minor child.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5097YH (6) 86
    pf/nh

PAG LIN



  1  1    Section 1.  Section 598.10, subsection 1, paragraph b, Code
  1  2 2016, is amended to read as follows:
  1  3    b.  In Unless the court determines that such visitation is
  1  4 not in the best interest of the child, in order to encourage
  1  5 compliance with a visitation order, a temporary order for
  1  6 custody shall provide for a minimum visitation schedule with
  1  7 the noncustodial parent, unless the court determines that such
  1  8 visitation is not in the best interest of the child and, if
  1  9 applicable, shall address the relocation of the residence of a
  1 10 minor child to a location that is fifty miles or more from the
  1 11 residence of the minor child at the time the application for a
  1 12 temporary order is filed.
  1 13    Sec. 2.  Section 598.11, subsection 2, Code 2016, is amended
  1 14 to read as follows:
  1 15    2.  Subject to 28 U.S.C. {1738B, after notice and hearing,
  1 16 subsequent changes in temporary orders may be made by the court
  1 17 on application of either party demonstrating a substantial
  1 18 change in the circumstances occurring subsequent to the
  1 19 issuance of such order.  The relocation of a minor child to a
  1 20 location which is fifty miles or more from the residence of
  1 21 the minor child at the time the temporary order for custody
  1 22 was awarded is deemed a substantial change in circumstances,
  1 23 and, on application of either parent and after notice and
  1 24 hearing, the court shall modify the temporary order for custody
  1 25 to preserve as nearly as possible the existing relationship
  1 26 between the minor child and the nonrelocating parent. If the
  1 27 order is not so modified, it shall continue in force and effect
  1 28 until the action is dismissed or a decree is entered dissolving
  1 29 the marriage.
  1 30                           EXPLANATION
  1 31 The inclusion of this explanation does not constitute agreement with
  1 32 the explanation's substance by the members of the general assembly.
  1 33    This bill amends provisions relating to temporary orders for
  1 34 child custody when the relocation of the residence of a minor
  1 35 child is involved.  The bill provides that, unless the court
  2  1 determines that such visitation is not in the best interest of
  2  2 the child, any initial temporary order for custody of a minor
  2  3 child shall address the relocation of the residence of the
  2  4 minor child to a location that is 50 miles or more from the
  2  5 residence of the minor child at the time the application for a
  2  6 temporary order is filed.
  2  7    Subsequent to the issuance of a temporary order for custody,
  2  8 and prior to the underlying action being dismissed or a decree
  2  9 being entered to dissolve the marriage, the relocation of the
  2 10 residence of a minor child to a location which is 50 miles or
  2 11 more from the residence of the minor child at the time the
  2 12 temporary order for custody  was awarded is deemed a substantial
  2 13 change in circumstances, and, on application of either parent
  2 14 and after notice and hearing, the court shall modify the
  2 15 temporary order for custody to preserve as nearly as possible
  2 16 the existing relationship between the minor child and the
  2 17 nonrelocating parent.
  2 18    Current law (Code section 598.21D) provides that if a parent
  2 19 awarded joint legal custody and physical care or sole legal
  2 20 custody is relocating the residence of a minor child to a
  2 21 location which is 150 miles or more from the residence of the
  2 22 minor child at the time custody was awarded, the court may
  2 23 consider the relocation a substantial change in circumstances.
  2 24 If the court does determine such relocation to be a substantial
  2 25 change in circumstances, the court shall modify the custody
  2 26 order to, at a minimum, preserve, as nearly as possible,
  2 27 the existing relationship between the minor child and the
  2 28 nonrelocating parent.
       LSB 5097YH (6) 86
       pf/nh