Iowa Code 598C.308 – Content of temporary custody order
Current as of: 2023 | Check for updates
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1. An order granting custodial responsibility under this article must do all of the following:
a. Designate the order as temporary.
b. Identify to the extent feasible the destination, duration, and conditions of the deployment.
Terms Used In Iowa Code 598C.308
- 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
- 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
- Other parent: means an individual who, in common with a deploying parent, is one of the following:
a. See Iowa Code 598C.102- Return from deployment: means the conclusion of a service member's deployment as specified in uniformed service orders, less any terminal, medical, or annual leave authorized to the service member. See Iowa Code 598C.102
2. If applicable, an order for custodial responsibility under this article must do all of the following:a. Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent.b. If the order divides caretaking authority or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise.c. Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications.d. Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child.e. Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, unless it is contrary to the best interest of the child, which may include additional contact time to compensate for contact time lost during deployment.f. Provide that the order will terminate pursuant to article IV after the deploying parent returns from deployment.