The Uniform Child-Custody Jurisdiction and Enforcement Act (Iowa Code Section 598B) determines which state is the home state to make child custody determinations, and requires Iowa to honor custody determinations made in another state if the state had jurisdiction for the order. In Iowa, this act is under Iowa Code Section 598B. This is a brief summary of the highlights of the act and should not be utilized as legal advice.
Home State is defined as "the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period." (Emphasis added.)
Indian tribes and foreign countries are treated as another state under the act. Iowa is required under the act to honor international custody determinations under the Hague Convention convention on the civil aspects of international child abduction.
Under the act, Iowa has jurisdiction for determination of child custody only if at least one of the following occurs:
1. Iowa is the home state of the child or was the home state within 6 months before the proceeding was commenced and at least one parent continues to live in Iowa.
2. No other court has jurisdiction; or if a court of the child’s home state has determined that Iowa is the best forum AND the child and at least one parent have a significant connection with the state other than a mere physical presence AND substantial evidence is available in Iowa concerning the child’s care, protection, training, and personal relationships.
3. All courts with jurisdiction declined to exercise jurisdiction on the grounds that Iowa is the most appropriate forum
4. No other court has jurisdiction.
Iowa has continuing and exclusive jurisdiction once an Iowa court has made a custody determination until one of the following occurs:
1. An Iowa court determines that the child no longer has a significant connection with Iowa and substantial evidence is no longer available in Iowa concerning the child’s care, protection, training and personal relationships.
2. An Iowa or another state’s court determines that the child, the child’s parents, and any other person acting as a parent do not presently reside in Iowa.
Modification of custody which was made by an Iowa court (if the court does not have continuing and exclusive jurisdiction) can only be made if the court has jurisdiction to make an initial determination as listed above. In other words, to modify custody, an Iowa court must have jurisdiction as it would for initial jurisdiction.
Temporary visitation orders may be made by Iowa courts if the court does not have jurisdiction to enforce the orders of another state, if the order from another state does not include specific visitation schedules, and the order is valid until an order is obtained from the other state or the period expires.
Temporary emergency jurisdiction may be exercised by an Iowa court if the child is in Iowa AND the child has been abandoned OR it is necessary to protect the child because the child, sibling or parent is subjected to or threatened with mistreatment or abuse. If there is no previous child custody determination by Iowa or another state, the determination remains in effect until an order is obtained from another state’s court that has jurisdiction, unless the order is final and Iowa becomes the home state of the child.
An order from another state may be enforced by an Iowa court if the order is registered with the court by sending a letter to the court requesting registration, sending two copies including one certified copy of the order and a statement under penalty of perjury that the order has not been modified, and including the name and address of the person seeking registration and the name of the parent or person acting as parent who was awarded custody or visitation. The court will provide notice to other parties with the opportunity to contest the registration.
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