Proceeding for temporary custody order.

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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

Referred to in §598C.302


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