Bill Text: IA HSB505 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to replacement of the term visitation with the term parenting time relative to time awarded to a parent.(See HF 2102.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-01-22 - Committee report approving bill, renumbered as HF 2102. [HSB505 Detail]

Download: Iowa-2023-HSB505-Introduced.html

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House Study Bill 505 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON HOLT)
A BILL FOR
An Act relating to replacement of the term visitation with the
term parenting time relative to time awarded to a parent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 232.2, subsection 57, Code 2024, is
amended to read as follows:
57. “Residual parental rights and responsibilities” means
those rights and responsibilities remaining with the parent
after transfer of legal custody or guardianship of the person
of the child. These include but are not limited to the right of
visitation parenting time , the right to consent to adoption,
and the responsibility for support.
Sec. 2. Section 232.103A, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
The juvenile court may close a child in need of assistance
case by transferring jurisdiction over the child’s custody,
physical care, and visitation parenting time to the district
court through a bridge order, if all of the following criteria
are met:
Sec. 3. Section 232.103A, subsection 1, paragraph e, Code
2024, is amended to read as follows:
e. The juvenile court has determined that the child in need
of assistance case can safely close once orders for custody,
physical care, and visitation parenting time are entered by the
district court.
Sec. 4. Section 232.103A, subsections 3 and 6, Code 2024,
are amended to read as follows:
3. The juvenile court shall designate the petitioner and
respondent for the purposes of the bridge order. A bridge
order shall only address matters of custody, physical care,
and visitation parenting time . All other matters, including
child support, shall be filed by separate petition or by action
of child support services, and shall be subject to existing
applicable statutory provisions.
6. Following the issuance of a bridge order, a party
may file a petition in district court for modification of
the bridge order for custody, physical care, or visitation
parenting time . If the petition for modification is filed
within one year of the filing date of the bridge order,
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the party requesting modification shall not be required to
demonstrate a substantial change of circumstances but instead
shall demonstrate that such modification is in the best
interest of the child. If a petition for modification is filed
within one year of the filing date of the bridge order, filing
fees and other court costs shall not be assessed against the
parties.
Sec. 5. Section 232.117, subsection 4, Code 2024, is amended
to read as follows:
4. If the court orders a termination of parental rights
and siblings are not placed together but have an existing
relationship, the court shall order ongoing contact between
the siblings in accordance with section 232.108 if the court
finds that either visitation or ongoing interaction is in the
best interests of each sibling. This subsection shall not be
construed to require visitation between parenting time for a
child and a parent whose parental rights have been terminated
as to that child, even if a sibling remains with the parent.
Sec. 6. Section 232D.204, subsection 1, paragraph b,
subparagraph (2), Code 2024, is amended to read as follows:
(2) The amount of communication and visitation of parenting
time between the parent with and the minor during the alleged
de facto guardianship.
Sec. 7. Section 232D.401, subsection 5, Code 2024, is
amended to read as follows:
5. The guardian shall obtain prior court approval for
denial of all visitation parenting time , communication, or
interaction between the minor and the parents of the minor.
The court shall approve such denial of visitation parenting
time , communication, or interaction upon a showing by the
guardian that significant physical or emotional harm to the
minor has resulted or is likely to result to the minor from
parental contact. The guardian may place reasonable time,
place, or manner restrictions on visitation parenting time ,
communication, or interaction between the minor and the minor’s
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parents without prior court approval.
Sec. 8. Section 236.4, subsections 2 and 3, Code 2024, are
amended to read as follows:
2. The court may enter any temporary order it deems
necessary to protect the plaintiff from domestic abuse prior
to the hearing, including temporary custody or visitation
parenting time orders pursuant to subsection 3, upon good cause
shown in an ex parte proceeding. Present danger of domestic
abuse to the plaintiff constitutes good cause for purposes of
this subsection . A temporary order issued pursuant to this
subsection shall specifically include notice that the person
may be required to relinquish all firearms, offensive weapons,
and ammunition upon the issuance of a permanent order pursuant
to section 236.5 .
3. The court may award temporary custody of or establish
temporary visitation parenting time rights with regard to
children under eighteen years of age. In awarding temporary
custody or temporary visitation parenting time rights, the
court shall give primary consideration to the safety of
the alleged victim and the children. If the court finds
that the safety of the alleged victim or the children will
be jeopardized by unsupervised or unrestricted visitation
parenting time , the court shall set conditions or restrict
visitation parenting time as to time, place, duration, or
supervision, or deny visitation parenting time entirely, as
needed to guard the safety of the victim and the children.
The court shall also determine whether any other existing
orders awarding custody or visitation parenting time should be
modified.
Sec. 9. Section 236.5, subsection 1, paragraph b,
subparagraph (5), Code 2024, is amended to read as follows:
(5) The awarding of temporary custody of or establishing
temporary visitation parenting time rights with regard to
children under eighteen.
(a) In awarding temporary custody or temporary visitation
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parenting time rights, the court shall give primary
consideration to the safety of the victim and the children.
(b) If the court finds that the safety of the victim or the
children will be jeopardized by unsupervised or unrestricted
visitation parenting time , the court shall condition or
restrict visitation parenting time as to time, place, duration,
or supervision, or deny visitation parenting time entirely, as
needed to guard the safety of the victim and the children.
(c) The court shall also determine whether any other
existing orders awarding custody or visitation parenting time
rights should be modified.
(d) Prior to entry of an order or agreement under this
section that involves a child-custody determination as defined
in section 598B.102 , the parties shall furnish information to
the court in compliance with section 598B.209 .
Sec. 10. Section 252A.20, Code 2024, is amended to read as
follows:
252A.20 Limitation on actions.
Issues related to visitation parenting time , custody, or
other provisions not related to the support provisions of a
support order shall not be grounds for a hearing, modification,
adjustment, or other action under this chapter .
Sec. 11. Section 252B.5, subsection 12, paragraph b,
subparagraph (6), Code 2024, is amended to read as follows:
(6) Following issuance of a final decision under chapter
17A that no mistake of fact exists, the obligor may request a
hearing before the district court pursuant to chapter 17A . The
department shall transmit a copy of its record to the district
court pursuant to chapter 17A . The scope of the review by the
district court shall be limited to demonstration of a mistake
of fact. Issues related to visitation parenting time , custody,
or other provisions not related to the support provisions
of a support order are not grounds for a hearing under this
subsection .
Sec. 12. Section 252B.9A, subsection 3, paragraph a,
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subparagraph (2), Code 2024, is amended to read as follows:
(2) To make or enforce a child custody or visitation
parenting time determination or order.
Sec. 13. Section 252B.20A, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. There is no order in effect regarding legal custody,
physical care, visitation parenting time , or other parenting
time for the child.
Sec. 14. Section 252D.25, subsection 1, Code 2024, is
amended to read as follows:
1. Issues related to visitation parenting time , custody,
or other provisions not related to the support provisions of a
support order are not grounds for a motion to quash, revoke,
suspend, or stay a withholding order.
Sec. 15. Section 252I.8, subsection 5, paragraph g, Code
2024, is amended to read as follows:
g. Issues related to visitation parenting time , custody, or
other provisions not related to levies against accounts are not
grounds for a hearing under this chapter .
Sec. 16. Section 252J.9, subsection 4, Code 2024, is amended
to read as follows:
4. The scope of review by the district court shall be
limited to demonstration of a mistake of fact relating to
the delinquency of the obligor or the noncompliance of the
individual with a subpoena or warrant. Issues related to
visitation parenting time , custody, or other provisions not
related to the support provisions of a support order are not
grounds for a hearing under this chapter .
Sec. 17. Section 252K.104, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. Grant a tribunal of this state jurisdiction to render
judgment or issue an order relating to child custody or
visitation parenting time in a proceeding under this chapter .
Sec. 18. Section 252K.305, subsection 4, Code 2024, is
amended to read as follows:
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4. A responding tribunal of this state may not condition
the payment of a support order issued under this chapter upon
compliance by a party with provisions for visitation parenting
time .
Sec. 19. Section 598.10, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. In order to encourage compliance with a visitation
parenting time order, a temporary order for custody shall
provide for a minimum visitation parenting time schedule with
the noncustodial parent, unless the court determines that such
visitation parenting time is not in the best interest of the
child.
Sec. 20. Section 598.15, subsection 1, Code 2024, is amended
to read as follows:
1. The parties to any action which involves the issues of
child custody or visitation parenting time shall participate in
a court-approved course to educate and sensitize the parties
to the needs of any child or party during and subsequent to
the proceeding within forty-five days of the service of notice
and petition for the action or within forty-five days of the
service of notice and application for modification of an
order. Participation in the course may be waived or delayed
by the court for good cause including but not limited to a
default by any of the parties or a showing that the parties
have previously participated in a court-approved course or its
equivalent. Participation in the course is not required if the
proceeding involves termination of parental rights of any of
the parties. A final decree shall not be granted or a final
order shall not be entered until the parties have complied with
this section , unless participation in the course is waived or
delayed for good cause or is otherwise not required under this
subsection .
Sec. 21. Section 598.21C, subsection 7, Code 2024, is
amended to read as follows:
7. Modification by child support services. Notwithstanding
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any other provision of law to the contrary, when an application
for modification or adjustment of support is submitted by child
support services, the sole issues which may be considered by
the court in that action are the application of the guidelines
in establishing the amount of support pursuant to section
598.21B , and provision for medical support under chapter 252E .
When an application for a cost-of-living alteration of support
is submitted by child support services pursuant to section
252H.24 , the sole issue which may be considered by the court in
the action is the application of the cost-of-living alteration
in establishing the amount of child support. Issues related
to custody, visitation parenting time , or other provisions
unrelated to support shall be considered only under a separate
application for modification.
Sec. 22. Section 598.21D, Code 2024, is amended to read as
follows:
598.21D Relocation of parent as grounds to modify order of
child custody.
If a parent awarded joint legal custody and physical
care or sole legal custody is relocating the residence of
the minor child to a location which is one hundred fifty
miles or more from the residence of the minor child at the
time that custody was awarded, the court may consider the
relocation a substantial change in circumstances. If the
court determines that the relocation is a substantial change
in circumstances, the court shall modify the custody order to,
at a minimum, preserve, as nearly as possible, the existing
relationship between the minor child and the nonrelocating
parent. If modified, the order may include a provision for
extended visitation parenting time during summer vacations
and school breaks and scheduled telephone contact between the
nonrelocating parent and the minor child. The modification
may include a provision assigning the responsibility for
transportation of the minor child for visitation parenting
time purposes to either or both parents. If the court makes
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a finding of past interference by the parent awarded joint
legal custody and physical care or sole legal custody with the
minor child’s access to the other parent, the court may order
the posting of a cash bond to assure future compliance with
the visitation parenting time provisions of the decree. The
supreme court shall prescribe guidelines for the forfeiting of
the bond and restoration of the bond following forfeiting of
the bond.
Sec. 23. Section 598.23, subsection 2, paragraph b, Code
2024, is amended to read as follows:
b. Modifies visitation parenting time to compensate for lost
visitation parenting time or establishes joint custody for the
child or transfers custody.
Sec. 24. Section 598.41, subsection 1, paragraphs a and d,
Code 2024, are amended to read as follows:
a. The court may provide for joint custody of the child
by the parties. The court, insofar as is reasonable and in
the best interest of the child, shall order the custody award,
including liberal visitation parenting time rights where
appropriate, which will assure the child the opportunity for
the maximum continuing physical and emotional contact with
both parents after the parents have separated or dissolved
the marriage, and which will encourage parents to share the
rights and responsibilities of raising the child unless direct
physical harm or significant emotional harm to the child, other
children, or a parent is likely to result from such contact
with one parent.
d. If a history of domestic abuse exists as determined by a
court pursuant to subsection 3 , paragraph “j” , and if a parent
who is a victim of such domestic abuse relocates or is absent
from the home based upon the fear of or actual acts or threats
of domestic abuse perpetrated by the other parent, the court
shall not consider the relocation or absence of that parent
as a factor against that parent in the awarding of custody or
visitation parenting time .
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Sec. 25. Section 598.41, subsection 3, paragraph i, Code
2024, is amended to read as follows:
i. Whether the safety of the child, other children, or
the other parent will be jeopardized by the awarding of joint
custody or by unsupervised or unrestricted visitation parenting
time .
Sec. 26. Section 598.41, subsection 6, Code 2024, is amended
to read as follows:
6. If the parties have more than one minor child, and the
court awards each party the physical custody of one or more of
the children, upon application by either party, and if it is
reasonable and in the best interest of the children, the court
shall include a provision in the custody order directing the
parties to allow visitation parenting time between the children
in each party’s custody.
Sec. 27. Section 598.41A, Code 2024, is amended to read as
follows:
598.41A Visitation Parenting time —— history of crimes
against a minor.
1. Notwithstanding section 598.41 , the court shall
consider, in the award of visitation parenting time rights to
a parent of a child, the criminal history of the parent if the
parent has been convicted of a sex offense against a minor as
defined in section 692A.101 .
2. Notwithstanding section 598.41 , an individual who is
a parent of a minor child and who has been convicted of a
sex offense against a minor as defined in section 692A.101 ,
is not entitled to visitation parenting time rights while
incarcerated. While on probation, parole, or any other type
of conditional release including a special sentence for such
offense, visitation parenting time shall be denied until the
parent successfully completes a treatment program approved
by the court, if required by the court. The circumstances
described in this subsection shall be considered a substantial
change in circumstances.
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Sec. 28. Section 598.41B, Code 2024, is amended to read as
follows:
598.41B Visitation Parenting time —— restrictions —— murder
of parent.
1. Notwithstanding section 598.41 , the court shall not do
either of the following:
a. Enforce an existing order awarding visitation parenting
time rights to a child’s parent, which was obtained prior to
that parent’s conviction for first degree murder in the murder
of the child’s other parent, unless such enforcement is in the
best interest of the child.
b. Award visitation parenting time rights to a child’s
parent who has been convicted of murder in the first degree
of the child’s other parent, unless the court finds that such
visitation parenting time is in the best interest of the child.
2. In determining whether visitation parenting time would
be in the best interest of the child pursuant to subsection 1 ,
the court shall consider all of the following:
a. The age and level of maturity of the child.
b. If the child is developmentally mature enough to provide
assent and whether the child does assent.
c. The recommendation of the child’s custodian or legal
guardian.
d. The recommendation of a child counselor or mental health
professional following evaluation of the child.
e. The recommendation of a guardian ad litem for the
child if one has been appointed to represent the child in the
proceeding.
f. Any other information which the court deems to be
relevant.
3. Until such time as an order regarding visitation
parenting time rights under subsection 1 is entered, the
child of a parent who has been convicted of murder in the
first degree of the child’s other parent shall not visit have
parenting time with the parent who has been convicted.
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Sec. 29. Section 598B.102, subsections 3 and 4, Code 2024,
are amended to read as follows:
3. “Child-custody determination” means a judgment, decree,
or other order of a court providing for the legal custody,
physical custody, or visitation parenting time with respect to
a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order
relating to child support or other monetary obligation of an
individual.
4. “Child-custody proceeding” means a proceeding in which
legal custody, physical custody, or visitation parenting time
with respect to a child is an issue. The term includes a
proceeding for dissolution of marriage, separation, neglect,
abuse, dependency, guardianship, paternity, termination
of parental rights, and protection from domestic violence,
in which the issue may appear. The term does not include
a proceeding involving juvenile delinquency, contractual
emancipation, or enforcement under article III .
Sec. 30. Section 598B.209, subsection 1, paragraphs a and c,
Code 2024, are amended to read as follows:
a. Has participated, as a party or a witness or in any other
capacity, in any other proceeding concerning the custody of or
visitation parenting time with the child and, if so, identify
the court, the case number, and the date of the child-custody
determination, if any.
c. Knows the names and addresses of any person not a party
to the proceeding who has physical custody of the child or
claims rights of legal custody or physical custody of, or
visitation parenting time with, the child and, if so, the names
and addresses of those persons.
Sec. 31. Section 598B.304, Code 2024, is amended to read as
follows:
598B.304 Temporary visitation parenting time .
1. A court of this state which does not have jurisdiction
to modify a child-custody determination may issue a temporary
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order enforcing any of the following:
a. A visitation parenting time schedule made by a court of
another state.
b. The visitation parenting time provisions of a
child-custody determination of another state that does not
provide for a specific visitation parenting time schedule.
2. If a court of this state makes an order under subsection
1 , paragraph “b” , it shall specify in the order a period that it
considers adequate to allow the petitioner to obtain an order
from a court having jurisdiction under the criteria specified
in article II . The order remains in effect until an order is
obtained from the other court or the period expires.
Sec. 32. Section 598B.305, subsection 1, paragraph c, Code
2024, is amended to read as follows:
c. Except as otherwise provided in section 598B.209 , the
name and address of the person seeking registration and any
parent or person acting as a parent who has been awarded
custody or visitation parenting time in the child-custody
determination sought to be registered.
Sec. 33. Section 598C.101, Code 2024, is amended to read as
follows:
598C.101 Short title.
This chapter shall be known and may be cited as the “Uniform
Deployed Parents Custody and Visitation Parenting Time Act” .
Sec. 34. Section 598C.102, subsections 2 and 6, Code 2024,
are amended to read as follows:
2. “Caretaking authority” means the right to live with and
care for a child on a day-to-day basis. “Caretaking authority”
relative to a child includes physical custody, parenting time,
and right to access , and visitation .
6. “Custodial responsibility” includes all powers and
duties relating to caretaking authority and decision-making
authority for a child. “Custodial responsibility” includes
physical custody, legal custody, parenting time, right to
access, visitation, and authority to grant limited contact with
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a child.
Sec. 35. Section 598C.403, Code 2024, is amended to read as
follows:
598C.403 Visitation Contact time before termination of
temporary grant of custodial responsibility.
After a deploying parent returns from deployment and until
a temporary agreement or order for custodial responsibility
established under article II or III is terminated, the court
may issue a temporary order granting the deploying parent
reasonable contact with the child unless it is contrary to
the best interest of the child, which may include additional
contact time to compensate for contact time lost during
deployment.
Sec. 36. Section 598C.501, Code 2024, is amended to read as
follows:
598C.501 Uniformity of application and construction.
This chapter shall be applied and construed with
consideration given to the need to promote uniformity of the
law with respect to its subject matter among states that enact
the uniform deployed parents custody and visitation parenting
time Act.
Sec. 37. Section 600.11, subsection 2, paragraph a,
subparagraph (4), Code 2024, is amended to read as follows:
(4) A person who has been granted visitation parenting time
rights with the child to be adopted pursuant to section 600C.1 .
Sec. 38. Section 600B.26, Code 2024, is amended to read as
follows:
600B.26 Payment of attorney fees.
In a proceeding to determine custody or visitation parenting
time , or to modify a paternity, custody, or visitation
parenting time order under this chapter , the court may award
the prevailing party reasonable attorney fees.
Sec. 39. Section 600B.40, Code 2024, is amended to read as
follows:
600B.40 Custody and visitation parenting time .
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1. The mother of a child born out of wedlock whose paternity
has not been acknowledged and who has not been adopted has sole
custody of the child unless the court orders otherwise. If
a judgment of paternity is entered, the father may petition
for rights of visitation parenting time or custody in the same
paternity action or in an equity proceeding separate from any
action to establish paternity.
2. In determining the visitation parenting time or custody
arrangements of a child born out of wedlock, if a judgment
of paternity is entered and the mother of the child has not
been awarded sole custody, section 598.41 shall apply to the
determination, as applicable, and the court shall consider the
factors specified in section 598.41, subsection 3 , including
but not limited to the factor related to a parent’s history of
domestic abuse.
3. In a proceeding under this chapter to determine custody
or visitation parenting time or to modify a custody or
visitation parenting time order, section 598.15 shall apply to
the parties.
4. The court may order the appointment of a guardian ad
litem or attorney for a child, a child custody investigator, or
a child and family reporter consistent with the provisions of
sections 598.12 , 598.12A , and 598.12B .
Sec. 40. Section 600B.40A, Code 2024, is amended to read as
follows:
600B.40A Temporary orders —— support, custody, or visitation
parenting time of a child.
Upon petition of either parent in a proceeding involving
support, custody, or visitation parenting time of a child for
whom paternity has been established and whose mother and father
have not been and are not married to each other at the time
of filing of the petition, the court may issue a temporary
order for support, custody, or visitation parenting time of the
child. The temporary orders shall be made in accordance with
the provisions relating to issuance of and changes in temporary
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orders for support, custody, or visitation parenting time of
a child by the court in a dissolution of marriage proceeding
pursuant to chapter 598 .
Sec. 41. Section 600B.41A, subsection 7, paragraph b, Code
2024, is amended to read as follows:
b. If the court dismisses the action to overcome paternity
and preserves the paternity determination under this
subsection , the court shall enter an order establishing that
the parent-child relationship exists between the established
father and the child, and including establishment of a support
obligation pursuant to section 598.21B and provision of custody
and visitation parenting time pursuant to section 598.41 .
Sec. 42. Section 600B.41A, subsection 11, Code 2024, is
amended to read as follows:
11. Unless specifically addressed in an order entered
pursuant to this section , provisions previously established by
the court order regarding custody or visitation parenting time
of the child are unaffected by an action brought under this
section .
Sec. 43. Section 710.6, subsection 2, Code 2024, is amended
to read as follows:
2. A parent of a child living apart from the other parent
who conceals that child or causes that child’s whereabouts to
be unknown to a parent with visitation parenting time rights or
parental time in violation of a court order granting visitation
parenting time rights or parental time and without the other
parent’s consent, commits a serious misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill replaces the term “visitation” with the term
“parenting time” relative to the rights awarded a parent
to spend time with the parent’s child. The bill does not
replace references to “visitation” in other contexts including
the contexts of sibling visitation and grandparent or
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great-grandparent visitation.
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