Iowa Code 598C.201 – Form of agreement
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1. The parents of a child may enter into a temporary agreement under this article granting custodial responsibility during deployment.
Terms Used In Iowa Code 598C.201
- Caretaking authority: means the right to live with and care for a child on a day-to-day basis. See Iowa Code 598C.102
- Child: means any of the following:a. See Iowa Code 598C.102
- 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. See Iowa Code 598C.102
- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Iowa Code 598C.102
- Decision-making authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. See Iowa Code 598C.102
- Deploying parent: means a service member who is deployed or has been notified of impending deployment and is any of the following:
a. See Iowa Code 598C.102- 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. See Iowa Code 598C.102- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Limited contact: includes authority to take the child to a place other than the residence of the child. See Iowa Code 598C.102
- Nonparent: means an individual other than a deploying parent or other parent. See Iowa Code 598C.102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Other parent: means an individual who, in common with a deploying parent, is one of the following:
a. See Iowa Code 598C.1022. 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.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.