Iowa Code 598C.301 – Proceeding for temporary custody order
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Terms Used In Iowa Code 598C.301
- Child: includes child by adoption. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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 or the Iowa national guard civil relief provisions contained in chapter 29A, subchapter VI. A court shall not issue a temporary order granting custodial responsibility without notice to the deploying parent. 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 § 598C.104 or, if there is no pending proceeding in a court with jurisdiction under § 598C.104, in a new action for granting custodial responsibility during deployment.
2016 Acts, ch 1084, §13
Referred to in §598C.302
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 or the Iowa national guard civil relief provisions contained in chapter 29A, subchapter VI. A court shall not issue a temporary order granting custodial responsibility without notice to the deploying parent. 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 § 598C.104 or, if there is no pending proceeding in a court with jurisdiction under § 598C.104, in a new action for granting custodial responsibility during deployment.
2016 Acts, ch 1084, §13
Referred to in §598C.302