1. Except for an order under section 598C.304, and except as otherwise provided in subsection 2, and consistent with the federal Servicemembers Civil Relief Act, 50 U.S.C. app. §§521 and 522 and the Iowa national guard civil relief provisions contained in chapter 29A, subchapter VI, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this article and it is in the best interest of the child. A modification is temporary and terminates pursuant to article IV after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.

Terms Used In Iowa Code 598C.310

  • 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
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
 2. The court may appoint a guardian ad litem or an attorney to represent the best interest of the child or may require an appropriate agency to make an investigation of the parties as provided in section 598.12.
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