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Form a Business

AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT

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

Iowa Code § 598C.201 Form of agreement.

598C.201. Form of agreement. 1. The parents of a child may enter into a temporary agreement under this article granting custodial responsibility during deployment. 2. An agreement under subsection 1 shall comply with all of the following: a. Be in writing. b. Be signed by both parents and any nonparent to whom custodial responsibility is granted. 3. Subject to subsection 4, an agreement under subsection 1, if feasible, must provide all of the following: a. Identify the destination, duration, and conditions of the deployment that is the basis for the agreement. b. Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent. c. Specify any decision-making authority that accompanies a grant of caretaking authority. d. Specify any grant of limited contact to a nonparent. e. If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise. f. Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact. g. Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available. h. Acknowledge that any parent’s child support obligation cannot be modified by the agreement, and that changing the terms of the child support obligation during deployment requires modification in the appropriate court. i. Provide that the agreement will terminate according to the procedures under article IV after the deploying parent returns from deployment. j. If the agreement must be filed pursuant to section 598C.205, specify which parent is required to file the agreement. 4. The omission of any of the items specified in subsection 3 does not invalidate an agreement under this section. 2016 Acts, ch 1084, §8

Iowa Code § 598C.202 Nature of authority created by agreement.

598C.202. Nature of authority created by agreement. 1. An agreement under this article is temporary and terminates pursuant to article IV after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section 598C.203. The agreement does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom custodial responsibility is given. 2. A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this article has standing to enforce the agreement until it has been terminated by court order, by modification under section 598C.203, or under article IV. 2016 Acts, ch 1084, §9

Iowa Code § 598C.203 Modification of agreement.

598C.203. Modification of agreement. 1. By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this article. 2. If an agreement is modified under subsection 1 before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. 3. If an agreement is modified under subsection 1 during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. 2016 Acts, ch 1084, §10

Iowa Code § 598C.204 Power of attorney.

598C.204. Power of attorney. A deploying parent, by power of attorney, may delegate all or part of the deploying parent’s custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under a law of this state other than this chapter, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power of attorney. 2016 Acts, ch 1084, §11

Iowa Code § 598C.205 Filing agreement or power of attorney with court.

598C.205. Filing agreement or power of attorney with court. An agreement or power of attorney under this article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney. 2016 Acts, ch 1084, §12
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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