Iowa Code 598C.301 – Proceeding for temporary custody order
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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.
Terms Used In Iowa Code 598C.301
- 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
- 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- 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.
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.