Bill Text: IA SSB3144 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A study bill for an act creating the uniform deployed parents custody and visitation Act, and repealing current Code provisions relating to parents on active military duty.

Spectrum: Unknown

Status: (Introduced - Dead) 2016-02-16 - Voted - Judiciary. [SSB3144 Detail]

Download: Iowa-2015-SSB3144-Introduced.html

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Senate Study Bill 3144 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON SODDERS)
A BILL FOR
An Act creating the uniform deployed parents custody and
visitation Act, and repealing current Code provisions
relating to parents on active military duty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
ARTICLE I
GENERAL PROVISIONS
Section 1. NEW SECTION . 598C.101 Short title.
This chapter shall be known and may be cited as the “Uniform
Deployed Parents Custody and Visitation Act” .
Sec. 2. NEW SECTION . 598C.102 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Adult” means an individual who has attained eighteen
years of age or is an emancipated minor.
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,
right to access, and visitation.
3. “Child” means any of the following:
a. An unemancipated individual who has not attained eighteen
years of age.
b. An adult son or daughter by birth or adoption, or under
a law of this state other than this chapter, who is the subject
of a court order concerning custodial responsibility.
4. “Close and substantial relationship” means a relationship
in which a significant bond exists between a child and a
nonparent.
5. “Court” means a tribunal, including an administrative
agency, authorized under a law of this state other than this
chapter to make, enforce, or modify a decision regarding
custodial responsibility.
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
a child.
7. “Decision-making authority” means the power to make
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important decisions regarding a child, including decisions
regarding the child’s education, religious training, health
care, extracurricular activities, and travel. “Decision-making
authority” does not include the power to make decisions that
necessarily accompany a grant of caretaking authority.
8. “Deploying parent” means a service member who is deployed
or has been notified of impending deployment and is any of the
following:
a. A parent of a child under a law of this state other than
this chapter.
b. An individual who has custodial responsibility for a
child under law of this state other than this chapter.
9. “Deployment” means the movement or mobilization of a
service member for more than ninety days but less than eighteen
months pursuant to uniformed service orders that meet any of
the following conditions:
a. Are designated as unaccompanied.
b. Do not authorize dependent travel.
c. Otherwise do not permit the movement of family members to
the location to which the service member is deployed.
10. “Family member” means a sibling, aunt, uncle, cousin,
stepparent, or grandparent of a child or an individual
recognized to be in a familial relationship with a child under
a law of this state other than this chapter.
11. “Limited contact” means the authority of a nonparent to
visit a child for a limited time. “Limited contact” includes
authority to take the child to a place other than the residence
of the child.
12. “Nonparent” means an individual other than a deploying
parent or other parent.
13. “Other parent” means an individual who, in common with a
deploying parent, is one of the following:
a. A parent of a child under a law of this state other than
this chapter.
b. An individual who has custodial responsibility for a
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child under a law of this state other than this chapter.
14. “Record” means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
15. “Return from deployment” means the conclusion of a
service member’s deployment as specified in uniformed service
orders, less any terminal, medical, or annual leave authorized
to the service member.
16. “Service member” means a member of a uniformed service.
17. “Sign” means, with present intent to authenticate or
adopt a record, to execute or adopt a tangible symbol or to
attach to or logically associate with the record an electronic
symbol, sound, or process.
18. “State” means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands, or
any territory or insular possession subject to the jurisdiction
of the United States.
19. “Uniformed service” means any of the following:
a. Active and reserve components of the army, navy, air
force, marine corps, or coast guard of the United States; the
United States merchant marine; the commissioned corps of the
United States public health service; or the commissioned corps
of the national oceanic and atmospheric administration of the
United States.
b. The national guard of a state, whether or not activation
or performance of duties is pursuant to federal or to state
authority.
Sec. 3. NEW SECTION . 598C.103 Remedies for noncompliance.
In addition to other remedies under a law of this state
other than this chapter, if a court finds that a party
to a proceeding under this chapter has acted in bad faith
or intentionally failed to comply with this chapter or a
court order issued under this chapter, the court may assess
reasonable attorney fees and costs against the party and order
other appropriate relief.
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Sec. 4. NEW SECTION . 598C.104 Jurisdiction.
1. A court may issue an order regarding custodial
responsibility under this chapter only if the court has
jurisdiction under chapter 598B, the uniform child-custody
jurisdiction and enforcement Act.
2. If a court has issued a temporary order regarding
custodial responsibility pursuant to article III, the residence
of the deploying parent is not changed by reason of the
deployment for the purposes of chapter 598B, the uniform
child-custody jurisdiction and enforcement Act, during the
deployment.
3. If a court has issued a permanent order regarding
custodial responsibility before notice of deployment and the
parents modify that order temporarily by agreement pursuant
to article II, the residence of the deploying parent is not
changed by reason of the deployment for the purposes of chapter
598B, the uniform child-custody jurisdiction and enforcement
Act.
4. If a court in another state has issued a temporary order
regarding custodial responsibility as a result of impending
or current deployment, the residence of the deploying parent
is not changed by reason of the deployment for the purposes
of chapter 598B, the uniform child-custody jurisdiction and
enforcement Act.
5. This section does not prevent a court from exercising
temporary emergency jurisdiction under chapter 598B, the
uniform child-custody jurisdiction and enforcement Act.
Sec. 5. NEW SECTION . 598C.105 Notification required of
deploying parent.
1. Except as otherwise provided in subsection 4, and
subject to subsection 3, a deploying parent shall notify the
other parent, in a record, of a pending deployment, not later
than seven days after receiving notice of deployment, unless
reasonably prevented from doing so by the circumstances of
service. If the circumstances of service prevent giving
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notification within the seven days, the deploying parent shall
give the notification as soon as reasonably possible.
2. Except as otherwise provided in subsection 4, and subject
to subsection 3, each parent shall provide the other parent
with a plan in a record for fulfilling that parent’s share
of custodial responsibility during deployment. Each parent
shall provide the plan as soon as reasonably possible after
notification of deployment is given under subsection 1.
3. If a court order currently in effect prohibits disclosure
of the address or contact information of the other parent,
notification of deployment under subsection 1 or notification
of a plan for custodial responsibility during deployment under
subsection 2 may be made only to the issuing court. If the
address of the other parent is available to the issuing court,
the court shall forward the notification to the other parent.
The court shall keep confidential the address or contact
information of the other parent.
4. Notification in a record under subsection 1 or 2 is not
required if the parents are living in the same residence and
both parents have actual notice of the deployment or plan.
5. In a proceeding regarding custodial responsibility, a
court may consider the reasonableness of a parent’s efforts to
comply with this section.
Sec. 6. NEW SECTION . 598C.106 Duty to notify of change of
address.
1. Except as otherwise provided in subsection 2, an
individual to whom custodial responsibility has been granted
during deployment pursuant to article II or III shall notify
in a record the deploying parent, and any other individual
with custodial responsibility for a child, of any change of
the individual’s mailing address or residence until the grant
is terminated. The individual shall provide the notice to
any court that has issued a custody or child support order
concerning the child which is currently in effect.
2. If a court order currently in effect prohibits disclosure
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of the address or contact information of an individual to whom
custodial responsibility has been granted, a notification under
subsection 1 may be made only to the court that issued the
order. The court shall keep confidential the mailing address
or residence of the individual to whom custodial responsibility
has been granted.
Sec. 7. NEW SECTION . 598C.107 General consideration in
custody proceeding of parent’s military service.
In a proceeding for custodial responsibility of a child
of a service member, a court shall not consider a parent’s
past deployment or probable future deployment in general in
determining the best interest of the child, but may consider
any distinct, identifiable, and significant impact on the best
interest of the child of the parent’s past or probable future
deployment.
ARTICLE II
AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT
Sec. 8. NEW SECTION . 598C.201 Form of agreement.
1. The parents of a child may enter into a temporary
agreement under this article granting custodial responsibility
during deployment.
2. An agreement under subsection 1 shall comply with all of
the following:
a. Be in writing.
b. Be signed by both parents and any nonparent to whom
custodial responsibility is granted.
3. Subject to subsection 4, an agreement under subsection 1,
if feasible, must provide all of the following:
a. Identify the destination, duration, and conditions of the
deployment that is the basis for the agreement.
b. Specify the allocation of caretaking authority among the
deploying parent, the other parent, and any nonparent.
c. Specify any decision-making authority that accompanies a
grant of caretaking authority.
d. Specify any grant of limited contact to a nonparent.
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e. If under the agreement custodial responsibility is shared
by the other parent and a nonparent, or by other nonparents,
provide a process to resolve any dispute that may arise.
f. Specify the frequency, duration, and means, including
electronic means, by which the deploying parent will have
contact with the child, any role to be played by the other
parent in facilitating the contact, and the allocation of any
costs of contact.
g. Specify the contact between the deploying parent and
child during the time the deploying parent is on leave or is
otherwise available.
h. Acknowledge that any parent’s child support obligation
cannot be modified by the agreement, and that changing the
terms of the child support obligation during deployment
requires modification in the appropriate court.
i. Provide that the agreement will terminate according to
the procedures under article IV after the deploying parent
returns from deployment.
j. If the agreement must be filed pursuant to section
598C.205, specify which parent is required to file the
agreement.
4. The omission of any of the items specified in subsection
3 does not invalidate an agreement under this section.
Sec. 9. NEW SECTION . 598C.202 Nature of authority created
by agreement.
1. An agreement under this article is temporary and
terminates pursuant to article IV after the deploying parent
returns from deployment, unless the agreement has been
terminated before that time by court order or modification
under section 598C.203. The agreement does not create an
independent, continuing right to caretaking authority,
decision-making authority, or limited contact in an individual
to whom custodial responsibility is given.
2. A nonparent who has caretaking authority,
decision-making authority, or limited contact by an agreement
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under this article has standing to enforce the agreement until
it has been terminated by court order, by modification under
section 598C.203, or under article IV.
Sec. 10. NEW SECTION . 598C.203 Modification of agreement.
1. By mutual consent, the parents of a child may modify an
agreement regarding custodial responsibility made pursuant to
this article.
2. If an agreement is modified under subsection 1 before
deployment of a deploying parent, the modification must be in
writing and signed by both parents and any nonparent who will
exercise custodial responsibility under the modified agreement.
3. If an agreement is modified under subsection 1 during
deployment of a deploying parent, the modification must be
agreed to in a record by both parents and any nonparent who
will exercise custodial responsibility under the modified
agreement.
Sec. 11. NEW SECTION . 598C.204 Power of attorney.
A deploying parent, by power of attorney, may delegate all
or part of the deploying parent’s custodial responsibility to
an adult nonparent for the period of deployment if no other
parent possesses custodial responsibility under a law of this
state other than this chapter, or if a court order currently
in effect prohibits contact between the child and the other
parent. The deploying parent may revoke the power of attorney
by signing a revocation of the power of attorney.
Sec. 12. NEW SECTION . 598C.205 Filing agreement or power
of attorney with court.
An agreement or power of attorney under this article must be
filed within a reasonable time with any court that has entered
an order on custodial responsibility or child support that
is in effect concerning the child who is the subject of the
agreement or power of attorney. The case number and heading of
the pending case concerning custodial responsibility or child
support must be provided to the court with the agreement or
power of attorney.
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ARTICLE III
JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING
DEPLOYMENT
Sec. 13. NEW SECTION . 598C.301 Proceeding for temporary
custody order.
1. After a deploying parent receives notice of deployment
and until the deployment terminates, a court may issue a
temporary order granting custodial responsibility unless
prohibited by the federal Servicemembers Civil Relief Act, 50
U.S.C. app. §§521 and 522. A court shall not issue a permanent
order granting custodial responsibility without the consent of
the deploying parent.
2. At any time after a deploying parent receives notice of
deployment, either parent may file a motion regarding custodial
responsibility of a child during deployment. The motion must
be filed in a pending proceeding for custodial responsibility
in a court with jurisdiction under section 598C.104 or, if
there is no pending proceeding in a court with jurisdiction
under section 598C.104, in a new action for granting custodial
responsibility during deployment.
Sec. 14. NEW SECTION . 598C.302 Expedited hearing.
If a motion to grant custodial responsibility is filed under
section 598C.301, subsection 2, before a deploying parent
deploys, the court shall conduct an expedited hearing.
Sec. 15. NEW SECTION . 598C.303 Testimony by electronic
means.
In a proceeding under this article, a party or witness
who is not reasonably available to appear personally may
appear, provide testimony, and present evidence by electronic
means unless the court finds good cause to require a personal
appearance. For purposes of this section, “electronic means”
includes communication by telephone, video conference, or the
internet.
Sec. 16. NEW SECTION . 598C.304 Effect of prior judicial
order or agreement.
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In a proceeding for a grant of custodial responsibility
pursuant to this article, the following rules shall apply:
1. A prior judicial order designating custodial
responsibility in the event of deployment is binding on the
court unless the circumstances meet the requirements of a law
of this state other than this chapter for modifying a judicial
order regarding custodial responsibility.
2. The court shall enforce a prior written agreement
between the parents for designating custodial responsibility
in the event of deployment, including an agreement executed
under article II, unless the court finds that the agreement is
contrary to the best interest of the child.
Sec. 17. NEW SECTION . 598C.305 Grant of caretaking or
decision-making authority to nonparent.
1. On motion of a deploying parent and in accordance with a
law of this state other than this chapter, if it is in the best
interest of the child, a court may grant caretaking authority
to a nonparent who is an adult family member of the child
or an adult with whom the child has a close and substantial
relationship.
2. Unless a grant of caretaking authority to a nonparent
under subsection 1 is agreed to by the other parent, the grant
is limited to an amount of time not greater than one of the
following:
a. The amount of time granted to the deploying parent under
a permanent custody order, but the court may add unusual travel
time necessary to transport the child.
b. In the absence of a permanent custody order that is
currently in effect, the amount of time that the deploying
parent habitually cared for the child before being notified of
deployment, but the court may add unusual travel time necessary
to transport the child.
3. A court may grant part of a deploying parent’s
decision-making authority, if the deploying parent is unable to
exercise that authority, to a nonparent who is an adult family
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member of the child or an adult with whom the child has a close
and substantial relationship. If a court grants the authority
to a nonparent, the court shall specify the decision-making
powers granted, including decisions regarding the child’s
education, religious training, health care, extracurricular
activities, and travel.
4. In determining the best interest of the child, the court
shall ensure all of the following:
a. That the specified adult family member or adult with whom
the child has a close and substantial relationship is not a sex
offender as defined in section 692A.101.
b. That the specified adult family member or adult with
whom the child has a close and substantial relationship does
not have a history of domestic abuse, as defined in section
236.2. In determining whether a history of domestic abuse
exists, the court’s consideration shall include but is not
limited to commencement of an action pursuant to section 236.3,
the issuance of a protective order against the individual or
the issuance of a court order or consent agreement pursuant
to section 236.5, the issuance of an emergency order pursuant
to section 236.6, the holding of an individual in contempt
pursuant to section 664A.7, the response of a peace officer
to the scene of alleged domestic abuse or the arrest of an
individual following response to a report of alleged domestic
abuse, or a conviction for domestic abuse assault pursuant to
section 708.2A.
c. That the specified adult family member or adult with whom
the child has a close and substantial relationship does not
have a record of founded child or dependent adult abuse.
d. That the specified adult family member or adult has
established a close and substantial relationship with the child
and that granting caretaking authority or decision-making
authority to the specified individual will provide the child
the opportunity to maintain an ongoing relationship that is
important to the child.
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e. That the specified adult family member or adult with whom
the child has a close and substantial relationship demonstrates
an ability to personally and financially support the child
and will support the child’s relationship with both of the
child’s parents during the grant of caretaking authority or
decision-making authority.
Sec. 18. NEW SECTION . 598C.306 Grant of limited contact.
On motion of a deploying parent, and in accordance with a law
of this state other than this chapter, unless the court finds
that the contact would be contrary to the best interest of the
child, a court shall grant limited contact to a nonparent who
is a family member of the child or an individual with whom the
child has a close and substantial relationship.
Sec. 19. NEW SECTION . 598C.307 Nature of authority created
by temporary custody order.
1. A grant of authority under this article is temporary and
terminates under article IV after the return from deployment
of the deploying parent, unless the grant has been terminated
before that time by court order. The grant does not create
an independent, continuing right to caretaking authority,
decision-making authority, or limited contact in an individual
to whom it is granted.
2. A nonparent granted caretaking authority,
decision-making authority, or limited contact under this
article has standing to enforce the grant until it is
terminated by court order or under article IV.
Sec. 20. NEW SECTION . 598C.308 Content of temporary custody
order.
1. An order granting custodial responsibility under this
article must do all of the following:
a. Designate the order as temporary.
b. Identify to the extent feasible the destination,
duration, and conditions of the deployment.
2. If applicable, an order for custodial responsibility
under this article must do all of the following:
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a. Specify the allocation of caretaking authority,
decision-making authority, or limited contact among the
deploying parent, the other parent, and any nonparent.
b. If the order divides caretaking authority or
decision-making authority between individuals, or grants
caretaking authority to one individual and limited contact to
another, provide a process to resolve any dispute that may
arise.
c. Provide for liberal communication between the deploying
parent and the child during deployment, including through
electronic means, unless contrary to the best interest of the
child, and allocate any costs of communications.
d. Provide for liberal contact between the deploying parent
and the child during the time the deploying parent is on leave
or otherwise available, unless contrary to the best interest
of the child.
e. Provide for reasonable contact between the deploying
parent and the child after return from deployment until the
temporary order is terminated, even if the time of contact
exceeds the time the deploying parent spent with the child
before entry of the temporary order.
f. Provide that the order will terminate pursuant to article
IV after the deploying parent returns from deployment.
Sec. 21. NEW SECTION . 598C.309 Order for child support.
If a court has issued an order granting caretaking authority
under this article, or an agreement granting caretaking
authority has been executed under article II, the court may
enter a temporary order for child support consistent with a
law of this state other than this chapter if the court has
jurisdiction under chapter 598B, the uniform child-custody
jurisdiction and enforcement Act.
Sec. 22. NEW SECTION . 598C.310 Modifying or terminating
grant of custodial responsibility to nonparent.
1. Except for an order under section 598C.304, and except
as otherwise provided in subsection 2, and consistent with
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the federal Servicemembers Civil Relief Act, 50 U.S.C. app.
§§521 and 522, on motion of a deploying or other parent or
any nonparent to whom caretaking authority, decision-making
authority, or limited contact has been granted, the court
may modify or terminate the grant if the modification or
termination is consistent with this article and it is in the
best interest of the child. A modification is temporary and
terminates pursuant to article IV after the deploying parent
returns from deployment, unless the grant has been terminated
before that time by court order.
2. On motion of a deploying parent, the court shall
terminate a grant of limited contact.
ARTICLE IV
RETURN FROM DEPLOYMENT
Sec. 23. NEW SECTION . 598C.401 Procedure for terminating
temporary grant of custodial responsibility established by
agreement.
1. At any time after return from deployment, a temporary
agreement granting custodial responsibility under article II
may be terminated by an agreement to terminate signed by the
deploying parent and the other parent.
2. A temporary agreement under article II granting
custodial responsibility terminates on one of the following
dates:
a. If an agreement to terminate under subsection 1 specifies
a date for termination, on that date.
b. If the agreement to terminate does not specify a date, on
the date of the last signature of the deploying parent or the
other parent.
3. In the absence of an agreement under subsection 1
to terminate, a temporary agreement granting custodial
responsibility terminates under article II sixty days after the
deploying parent gives notice in a record to the other parent
that the deploying parent returned from deployment.
4. If a temporary agreement granting custodial
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responsibility was filed with a court pursuant to section
598C.205, an agreement to terminate the temporary agreement
also must be filed with that court within a reasonable time
after the signing of the agreement. The case number and
heading of the case concerning custodial responsibility or
child support must be provided to the court with the agreement
to terminate.
Sec. 24. NEW SECTION . 598C.402 Consent procedure for
terminating temporary grant of custodial responsibility
established by court order.
At any time after a deploying parent returns from
deployment, the deploying parent and the other parent may file
with the court an agreement to terminate a temporary order for
custodial responsibility issued under article III. After an
agreement to terminate has been filed, the court shall issue
an order terminating the temporary order effective on the date
specified in the agreement. If a date is not specified, the
order is effective immediately.
Sec. 25. NEW SECTION . 598C.403 Visitation 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
shall issue a temporary order granting the deploying parent
reasonable contact with the child unless it is contrary to the
best interest of the child, even if the time of contact exceeds
the time the deploying parent spent with the child before
deployment.
Sec. 26. NEW SECTION . 598C.404 Termination by operation of
law of temporary grant of custodial responsibility established
by court order.
1. If an agreement between the parties to terminate a
temporary order for custodial responsibility under article III
has not been filed, the order terminates sixty days after the
deploying parent gives notice in a record to the other parent
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and any nonparent granted custodial responsibility that the
deploying parent has returned from deployment.
2. A proceeding seeking to prevent termination of a
temporary order for custodial responsibility is governed by the
law of this state other than this chapter.
ARTICLE V
MISCELLANEOUS PROVISIONS
Sec. 27. NEW SECTION . 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 Act.
Sec. 28. NEW SECTION . 598C.502 Relation to Electronic
Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal
Electronic Signatures in Global and National Commerce Act, 15
U.S.C. §7001 et seq., but does not modify, limit, or supersede
section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize
electronic delivery of any of the notices described in section
103(b) of that Act, 15 U.S.C. §7003(b).
Sec. 29. NEW SECTION . 598C.503 Applicability.
This chapter does not affect the validity of a temporary
court order concerning custodial responsibility during
deployment which was entered before July 1, 2016.
DIVISION II
Sec. 30. REPEAL. Sections 598.41C and 598.41D, Code 2016,
are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill creates the “Uniform Deployed Parents Custody and
Visitation Act” to provide a uniform interstate process for
deployed parents to affect the custody and visitation of their
children.
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The bill provides definitions including for “caretaking
authority”, “close and substantial relationship”, “custodial
responsibility”, “decision-making authority”, “deploying
parent”, “deployment”, “family member”, “nonparent”, “other
parent”, “return from deployment”, “service member”, and
“uniformed service”.
The bill provides remedies for noncompliance with
a proceeding under the new Code chapter, provides for
jurisdiction of a court if the court has jurisdiction under
Code chapter 598B, the uniform child-custody jurisdiction
and enforcement Act, and other specifications relating to
jurisdiction of the court relative to Code chapter 598B.
The bill provides for required notice by a deploying
parent of the other parent of a pending deployment, requires
each parent to provide the other parent with a plan for
fulfilling that parent’s share of custodial responsibility
during deployment, provides for nondisclosure of address and
contact information of the other parent if such information is
prohibited, and provides that notification is not required if
the parents are living in the same residence and both parents
have actual notice of the deployment or plan.
The bill requires an individual to whom custodial
responsibility has been granted during deployment to notify
in a record the deploying parent and any other individual
with custodial responsibility of a child of any change of the
individual’s mailing address or residence until the grant is
terminated, unless the disclosure is otherwise prohibited. The
individual is also required to provide the notice to any court
that has issued a custody or child support order concerning the
child currently in effect.
In a proceeding under the new Code chapter for custodial
responsibility of a child of a service member, a court shall
not consider a parent’s past deployment or probable future
deployment in general in determining the best interest of
the child, but may consider any distinct, identifiable, and
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significant impact on the best interest of the child of the
parent’s past or probable future deployment.
The bill provides for the entering of an agreement
addressing custodial responsibility during deployment,
specifying the form of the agreement and the specific
information to be included in an agreement. The bill provides
that any authority created under the new Code chapter is
temporary and terminates after the deploying parent returns
from deployment, unless the agreement has been terminated
before that time by court order or modification. The agreement
does not create an independent, continuing right to caretaking
authority, decision-making authority, or limited contact in
an individual to whom custodial responsibility is given.
A nonparent who has caretaking authority, decision-making
authority, or limited contact by an agreement has standing to
enforce the agreement until it has been terminated by court
order, by modification.
The agreement may be modified by mutual consent of the
parents of a child.
The bill provides that a deploying parent may also delegate
all or part of the parent’s custodial responsibility to an
adult nonparent during the period of deployment by executing
a power of attorney, and may revoke the power of attorney by
signing a revocation of the power of attorney.
An agreement or power of attorney under the new Code chapter
must be filed within a reasonable time with any court that has
entered an order on custodial responsibility or child support
that is in effect concerning the child who is the subject of
the agreement or power of attorney.
The bill also provides a judicial procedure for granting
custodial responsibility during deployment. After a deploying
parent receives notice of deployment and until the deployment
terminates, a court may issue a temporary order granting
custodial responsibility unless prohibited by the federal
Servicemembers Civil Relief Act. A court shall not issue a
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permanent order granting custodial responsibility without the
consent of the deploying parent.
At any time after a deploying parent receives notice of
deployment, either parent may file a motion regarding custodial
responsibility of a child during deployment. If a parent’s
motion for custodial responsibility is granted by the court ,
the court shall conduct an expedited hearing. Provision is
made for a party or witness who is not reasonably available to
appear personally to appear, provide testimony, and present
evidence by electronic means unless the court finds good cause
to require a personal appearance. In a proceeding for a grant
of custodial responsibility, a prior judicial order designating
custodial responsibility in the event of deployment is binding
on the court unless the circumstances meet the requirements
of a law of this state other than this new Code chapter for
modifying a judicial order regarding custodial responsibility.
Additionally, the court shall enforce a prior written agreement
between the parents for designating custodial responsibility
in the event of deployment, including an agreement executed
under this new Code chapter, unless the court finds that the
agreement is contrary to the best interest of the child.
The bill provides for the granting of caretaking authority
or decision-making authority to an adult nonparent who is a
family member or to an adult who has a close and substantial
relationship with the child, and specifies what the court must
ensure in determining the best interest of the child. The
court may also grant limited contact to a nonparent who is an
adult family member of the child or an individual with whom the
child has a close and substantial relationship.
A grant of authority by the court is temporary and terminates
after the return from deployment of the deploying parent,
unless the grant has been terminated before that time by court
order. The grant does not create an independent, continuing
right to caretaking authority, decision-making authority,
or limited contact in an individual to whom it is granted.
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A nonparent granted caretaking authority, decision-making
authority, or limited contact has standing to enforce the grant
until it is terminated.
The bill specifies the content of the temporary custody
order, and provides that if a court has issued an order
granting caretaking authority or an agreement granting
caretaking authority has been made, the court may enter a
temporary order for child support consistent with law of
this state other than this new Code chapter if the court
has jurisdiction under Code chapter 598B. Unless otherwise
provided, on the motion of a deploying or other parent or
any nonparent to whom caretaking authority, decision-making
authority, or limited contact has been granted, the court
may modify or terminate the grant if the modification or
termination is consistent with other provisions of the bill
and is in the best interest of the child. A modification
is temporary and terminates after the parent returns from
deployment, unless the grant has been terminated before that
time by court order. The court shall terminate a grant of
limited contact on the motion of a deploying parent.
The bill provides the procedure for terminating the
temporary grant of custodial responsibility established by
agreement or by order of the court and provides for visitation
by the deploying parent with the child until the temporary
agreement or order is terminated.
The bill provides that in applying and construing the new
Code chapter, consideration shall be given to the need to
promote uniformity of the law with respect to its subject
matter among states that enact it. The bill specifies the
relationship of the provisions of the bill to the federal
Electronic Signatures in Global and National Commerce Act,
and provides that the bill does not affect the validity of
a temporary court order concerning custodial responsibility
during deployment which was entered before July 1, 2016.
The bill repeals two existing sections of the Code relating
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to modification of child custody or physical care for a parent
serving active duty and relating to assignment of visitation
or physical care parenting time to a family member while the
parent is serving active duty.
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