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Big_Eric

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Senate File 2072 - Introduced

 

 

 

                                  SENATE FILE       

                                  BY  WARNSTADT, BEALL, HANCOCK,

                                      HECKROTH, RAGAN, OLIVE,

                                      SCHOENJAHN, STEWART, HOGG,

                                      APPEL, COURTNEY, DOTZLER,

                                      MULDER, SEYMOUR, QUIRMBACH,

                                      and GASKILL

 

 

    Passed Senate, Date               Passed House,  Date             

    Vote:  Ayes        Nays           Vote:  Ayes        Nays         

                 Approved                            

 

                                      A BILL FOR

 

  1 An Act relating to modification of a child custody order during

  2    the time a parent is serving active military duty.

  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

  4 TLSB 5079XS 82

  5 pf/rj/5

 

PAG LIN

 

 

 

  1  1    Section 1.  NEW SECTION.  598.41C  MODIFICATION OF CHILD

  1  2 CUSTODY == ACTIVE MILITARY DUTY.

  1  3    If an application for modification of a decree or a

  1  4 petition for modification of an order regarding child custody

  1  5 is filed during the time a parent is serving active duty in

  1  6 the military service of this state or of the United States,

  1  7 the court may only enter an order temporarily modifying the

  1  8 existing child custody order if there is clear and convincing

  1  9 evidence that the modification is in the best interest of the

  1 10 child.  Upon the parent's completion of active duty, the court

  1 11 shall reinstate the custody order that was in effect

  1 12 immediately preceding the period of active duty.  If an

  1 13 application for modification of a decree or a petition for

  1 14 modification of an order is filed after a parent completes

  1 15 active duty, the parent's absence due to active duty does not

  1 16 constitute a substantive change in circumstances, and the

  1 17 court shall not consider a parent's absence due to that active

  1 18 duty in making a determination regarding the best interest of

  1 19 the child.

  1 20                           EXPLANATION

  1 21    This bill relates to modification of a child custody order

  1 22 under circumstances in which a parent is serving active duty

  1 23 in the military service of the state or of the United States.

  1 24 The bill provides that if an application for modification of a

  1 25 decree or a petition for modification of an order regarding

  1 26 child custody is filed during the time a parent is serving

  1 27 active duty in the military service of this state or of the

  1 28 United States, the court may only enter an order temporarily

  1 29 modifying the existing child custody order if there is clear

  1 30 and convincing evidence that the modification is in the best

  1 31 interest of the child.  Once the parent returns from active

  1 32 duty, the court is directed to reinstate the custody order

  1 33 that was in effect immediately preceding the period of active

  1 34 duty.  Additionally, if an application for modification of

  1 35 child custody is filed after a parent returns from active

  2  1 duty, the bill provides that the parent's absence due to the

  2  2 active duty does not constitute a substantive change in

  2  3 circumstances and the court shall not consider a parent's

  2  4 absence due to that active duty in the determination of the

  2  5 best interest of the child.

  2  6 LSB 5079XS 82

  2  7 pf/rj/5


__________________
Eric E. Durnan
Wadena, Iowa

I don't see the glass as being half full or half empty. I see the glass as being twice as large as it needs to be.
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