Iowa Code 598C.304 – Effect of prior judicial order or agreement
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In a proceeding for a grant of custodial responsibility pursuant to this article, the following rules shall apply:
1. A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of a law of this state other than this chapter for modifying a judicial order regarding custodial responsibility.
Terms Used In Iowa Code 598C.304
- 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
- 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
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 598C.102
2. The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under article II, unless the court finds that the agreement is contrary to the best interest of the child.