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Amendment S-3177 to HF 636
Relating to consideration of the educational setting of a minor child in a child custody proceeding
Never voted on
Filed April 24, 2023 in the Senate by Sen. Adrian Dickey (R)
What it changes
AI summary This amendment adds a new rule that requires a parent to give 60 days' written notice to the court and the other parent if moving the child to a different school district. It also updates the bill to include these relocation rules and changes the title to include the relocation of a child's residence outside their established school district.1
Read the amendment’s wording
- Page 2, after line 7 by inserting: “___. Page 2, after line 15 by inserting: “DIVISION ___ MINOR CHILD RELOCATION —— SCHOOL DISTRICT Sec. ___. NEW SECTION . 598.21H Relocation of minor child’s residence outside established school district —— modification of order of child custody.
- If the provisions of section 598.21D are not applicable, and the intended relocation of a parent awarded joint legal custody and physical care or sole legal custody results specifically in relocating the residence of the minor child to a location outside the minor child’s school district as established at the time custody was awarded, the relocating parent shall provide sixty days’ advance written notice of the intended relocation to the court and to the nonrelocating parent. The court shall consider the relocation a substantial change in circumstances.
- The court shall, upon motion of either party, schedule a hearing to review the notice of relocation to determine if the relocation is in the best interest of the child. The burden of proving that relocation of the residence of the minor child is in the best interest of the child is on the relocating parent. The court’s primary consideration in determining if the relocation is in the best interest of the child shall be the effect of the relocation on the child’s opportunity for maximum continuous physical and emotional contact with both parents rather than any benefit to the relocating parent relating to employment opportunities or personal relationships.
- If the court determines the relocation is in the best interest of the child, the court may modify the custody order to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. The order may include a provision assigning the -1- S 3166.1909 (1) 90 pf/rh 1/ 3 responsibility for transportation of the minor child for visitation purposes to the relocating parent.
- If the court determines the relocation is not in the best interest of the child and the nonrelocating parent has joint legal custody, but has not been awarded physical care, the court may, upon request of the nonrelocating parent, do one of the following: a. Modify the custody order to award physical care to the nonrelocating parent and to provide visitation to the relocating parent to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the relocating parent. b. Modify the custody order to maintain the award of joint legal custody and physical care with the relocating parent and, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. The order may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to the relocating parent.
- If the court determines the relocation is not in the best interest of the child and the relocating parent has sole legal custody, upon request of the nonrelocating parent, the court may modify the custody order to provide increased visitation to the nonrelocating parent in addition to that provided under the existing custody order and may include a provision assigning the responsibility for transportation of the minor child for visitation purposes to the relocating parent.””
- Page 2, line 13, by striking “and decrees; and” and inserting “and decrees;”
- Page 2, after line 13 by inserting: “___. Title page, line 2, after “proceeding” by inserting “; and the relocation of a minor child’s residence outside the minor child’s established school district””
- By renumbering, redesignating, and correcting internal references as necessary. -2- S 3166.1909 (1) 90 pf/rh 2/ 3