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JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT

Iowa Code tit. XV, ch. 598C, art. III
in effect

Iowa Code § 598C.301 Proceeding for temporary custody order.

598C.301. Proceeding for temporary custody order. 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. 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. 2016 Acts, ch 1084, §13

Iowa Code § 598C.302 Expedited hearing.

598C.302. Expedited hearing. If a motion to grant custodial responsibility is filed under section 598C.301, subsection 2, before a deploying parent deploys, the court shall conduct an expedited hearing. 2016 Acts, ch 1084, §14

Iowa Code § 598C.303 Testimony by electronic means.

598C.303. Testimony by electronic means. In a proceeding under this article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance. For purposes of this section, “electronic means” includes communication by telephone, video conference, or the internet. 2016 Acts, ch 1084, §15

Iowa Code § 598C.304 Effect of prior judicial order or agreement.

598C.304. Effect of prior judicial order or agreement. 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. 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. 2016 Acts, ch 1084, §16

Iowa Code § 598C.305 Grant of caretaking or decision-making authority to nonparent.

598C.305. Grant of caretaking or decision-making authority to nonparent. 1. On motion of a deploying parent and in accordance with a law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. 2. Unless a grant of caretaking authority to a nonparent under subsection 1 is agreed to by the other parent, the grant is limited to an amount of time not greater than one of the following: a. The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child. b. In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child. 3. A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel. 4. In determining the best interest of the child, the court shall ensure all of the following: a. That the specified adult family member or adult with whom the child has a close and substantial relationship is not a sex offender as defined in section 692A.101. b. That the specified adult family member or adult with whom the child has a close and substantial relationship does not have a history of domestic abuse, as defined in section 236.2. In determining whether a history of domestic abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 236.3, the issuance of a protective order against the individual or the issuance of a court order or consent agreement pursuant to section 236.5, the issuance of an emergency order pursuant to section 236.6, the holding of an individual in contempt pursuant to section 664A.7, the response of a peace officer to the scene of alleged domestic abuse or the arrest of an individual following response to a report of alleged domestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A. c. That the specified adult family member or adult with whom the child has a close and substantial relationship does not have a record of founded child or dependent adult abuse. d. That the specified adult family member or adult has established a close and substantial relationship with the child and that granting caretaking authority or decision-making authority to the specified individual will provide the child the opportunity to maintain an ongoing relationship that is important to the child. e. That the specified adult family member or adult with whom the child has a close and substantial relationship demonstrates an ability to personally and financially support the child and will support the child’s relationship with both of the child’s parents during the grant of caretaking authority or decision-making authority. 2016 Acts, ch 1084, §17

Iowa Code § 598C.306 Grant of limited contact.

598C.306. Grant of limited contact. On motion of a deploying parent, and in accordance with a law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court may grant limited contact to a nonparent who is a family member of the child or an individual with whom the child has a close and substantial relationship. 2016 Acts, ch 1084, §18

Iowa Code § 598C.307 Nature of authority created by temporary custody order.

598C.307. Nature of authority created by temporary custody order. 1. A grant of authority under this article is temporary and terminates under article IV after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted. 2. A nonparent granted caretaking authority, decision-making authority, or limited contact under this article has standing to enforce the grant until it is terminated by court order or under article IV. 2016 Acts, ch 1084, §19

Iowa Code § 598C.308 Content of temporary custody order.

598C.308. Content of temporary custody order. 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. 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. 2016 Acts, ch 1084, §20

Iowa Code § 598C.309 Order for child support.

598C.309. Order for child support. If a court has issued an order granting caretaking authority under this article, or an agreement granting caretaking authority has been executed under article II, the court may enter a temporary order for child support consistent with a law of this state other than this chapter if the court has jurisdiction under chapter 252K, the uniform interstate family support Act. 2016 Acts, ch 1084, §21

Iowa Code § 598C.310 Modifying or terminating grant of custodial responsibility to nonparent.

598C.310. Modifying or terminating grant of custodial responsibility to nonparent. 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. 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. 2016 Acts, ch 1084, §22
Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=598C&year=2026Fetched: 10/20/2026

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