Iowa Temporary Custody and Physical Care Agreement

TEMPORARY CUSTODY AND PHYSICAL CARE AGREEMENT

State of Iowa — District Court

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

Judicial District: [____] of 8

In re the Marriage of (or Custody of):

[________________________________], Petitioner,

and

[________________________________], Respondent.

Case No.: [________________________________]

IOWA LEGAL FRAMEWORK FOR TEMPORARY ORDERS

Statutory Authority

Under Iowa Code § 598.10, during the pendency of a dissolution proceeding, the court may enter temporary orders regarding custody and physical care of the minor children. Iowa Code § 598.11 governs how temporary orders are made and changed. The court shall consider the applicant's circumstances, the physical and financial condition of the parties, and other pertinent matters shown by affidavit.

Key Distinctions in Iowa Law

• Iowa uses "physical care" — not "physical custody" (Iowa Code § 598.1)
• Legal custody refers to decision-making authority over major life decisions
• Physical care refers to maintaining a home for the child and providing routine daily care
• A temporary order for custody must provide for a minimum visitation schedule with the noncustodial parent unless the court determines such visitation is not in the child's best interest (Iowa Code § 598.10)

Purpose of This Agreement

This temporary arrangement is appropriate when:
☐ A dissolution of marriage petition has been filed and temporary orders are needed pending trial or final decree
☐ A custody modification is pending and interim arrangements are required
☐ Emergency circumstances require an immediate change in the children's living situation
☐ A parent's temporary absence (military deployment, medical treatment, extended work assignment) necessitates interim custody
☐ A domestic abuse situation under Iowa Code Chapter 236 requires temporary protective custody
☐ Other: [________________________________]

I. PARTIES AND CHILDREN

A. Parties

Temporary Physical Care Provider:
Name: [________________________________]
Relationship to children: ☐ Parent ☐ Grandparent ☐ Other relative: [________________________________] ☐ Other: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Other Parent / Party:
Name: [________________________________]
Relationship to children: ☐ Parent ☐ Other: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

B. Children

School District: [________________________________]

II. PARENTING EDUCATION

Iowa Code § 598.15 requires both parents in a dissolution or custody proceeding to complete a court-approved parenting education course within 45 days of service. No final decree shall be entered until both parties comply. This requirement applies even during the temporary phase.

Commonly approved Iowa programs:

• Children in the Middle (approved in all 8 judicial districts; available online)
• Co-Parenting for Resilience (Iowa State University Extension and Outreach)

☐ Temporary Physical Care Provider completed the course on [__/__/____]. Program: [________________________________]
☐ Other Parent completed the course on [__/__/____]. Program: [________________________________]
☐ Not yet completed — will complete within 45 days of service of petition

III. DURATION AND TERMINATION

A. Effective Date

This Agreement takes effect on [__/__/____].

B. Termination

This Temporary Agreement shall terminate on the earliest of the following:

☐ (a) A specific date: [__/__/____]
☐ (b) Entry of a final Decree of Dissolution incorporating permanent custody and physical care provisions
☐ (c) Entry of a permanent custody order by the Iowa District Court
☐ (d) Written mutual agreement of the parties, filed with the Court
☐ (e) Further order of the Court
☐ (f) Occurrence of a specific event: [________________________________] (e.g., parent's return from deployment, completion of treatment program, parent's release from incarceration)

C. Modification of Temporary Orders

Under Iowa Code § 598.11, after notice and hearing, temporary orders may be changed upon application of either party demonstrating a substantial change in circumstances occurring after issuance of the temporary order.

D. Temporary Nature Acknowledged

This Agreement is explicitly temporary. It does not:

• Constitute a permanent custody or physical care determination
• Create a presumption in favor of any permanent arrangement
• Constitute abandonment of parental rights
• Prejudice either party's position in the final custody determination

IV. TEMPORARY LEGAL CUSTODY

A. Legal Custody During Temporary Period

☐ Joint legal custody — Both parents retain equal participation in major decisions (Iowa Code § 598.41(5)(b)): legal status, medical care, education, extracurricular activities, and religious instruction

☐ Temporary sole legal custody to Temporary Physical Care Provider — Due to:
☐ The other parent's absence or unavailability
☐ Safety concerns (domestic abuse, substance abuse, etc.)
☐ Court order
☐ Other: [________________________________]

☐ Temporary sole legal custody to [________________________________] with limited authority for the Temporary Physical Care Provider to make day-to-day and emergency decisions

B. Decision-Making During Temporary Period

Decisions the Temporary Physical Care Provider MAY make without consultation:

• Routine daily care (meals, bedtime, hygiene, homework, social activities)
• Emergency medical treatment (with notification to the other parent within 24 hours)
• Attendance at school events and activities
• Routine medical appointments (check-ups, dentist, scheduled vaccinations)

Decisions requiring consultation with the other parent (if joint legal custody):

• School enrollment changes
• Non-emergency medical procedures or specialists
• Mental health counseling or therapy
• Enrollment in new extracurricular activities requiring significant commitment
• Religious ceremonies or milestones
• Travel outside Iowa

Decisions requiring the other parent's consent or court order:

• ☐ International travel
• ☐ Changes to the children's legal name
• ☐ Elective medical procedures
• ☐ Other: [________________________________]

V. TEMPORARY PHYSICAL CARE AND PARENTING TIME

A. Physical Care Arrangement

☐ Temporary primary physical care to [________________________________] — The children shall reside primarily at the Temporary Physical Care Provider's address.

☐ Temporary shared physical care — The children shall reside with each party according to the following schedule: [________________________________]

☐ Emergency placement — Due to domestic abuse (Iowa Code Chapter 236) or child safety concerns, the children are temporarily placed with [________________________________].

B. Other Parent's Parenting Time During Temporary Period

Under Iowa Code § 598.10, the temporary order must provide for a minimum visitation schedule with the noncustodial parent unless the court determines such visitation is not in the child's best interest.

Select the applicable parenting time arrangement:

☐ Option A: Liberal Parenting Time

• Alternate weekends: Friday at [____] PM to Sunday at [____] PM
• Midweek: [________________________________] from [____] to [____]
• Other: [________________________________]

☐ Option B: Restricted Parenting Time
Due to ☐ domestic abuse ☐ substance abuse ☐ safety concerns ☐ other: [________________________________]

• Frequency: [________________________________]
• Duration: [____] hours per visit
• Conditions: [________________________________]

☐ Option C: Supervised Parenting Time

• Frequency: [________________________________]
• Duration: [____] hours per visit
• Location: ☐ Supervised visitation center: [________________________________] ☐ In presence of: [________________________________]
• Supervisor: [________________________________]
• Conditions:
  ☐ Substance abuse testing before each visit
  ☐ No alcohol within 24 hours of parenting time
  ☐ Compliance with domestic abuse batterer's intervention program
  ☐ Therapeutic supervision required
  ☐ Other: [________________________________]

☐ Option D: No Parenting Time
The Court has determined that parenting time with the other parent is not in the children's best interest at this time because: [________________________________]
Review date: [__/__/____]

☐ Option E: Virtual Contact Only
The other parent shall have telephone/video contact with the children:

• Frequency: [________________________________]
• Times: [________________________________]
• Duration: [________________________________]

☐ Option F: Custom/Graduated Schedule
[________________________________]
[________________________________]
[________________________________]

C. Exchange Logistics (If Applicable)

• Exchange location: ☐ Children's school ☐ Temporary Care Provider's residence ☐ Neutral public location: [________________________________] ☐ Supervised exchange at: [________________________________]
• Transportation: ☐ Other parent provides ☐ Temporary Care Provider provides ☐ Shared ☐ Third party: [________________________________]
• Punctuality: Both parties shall be on time. Notify the other if more than 15 minutes late.

D. Holiday Schedule During Temporary Period

☐ Follow the regular temporary parenting time schedule for holidays
☐ Alternate holidays per the following arrangement:

VI. DOMESTIC ABUSE PROVISIONS (IF APPLICABLE)

A. Iowa Code Chapter 236

☐ Not applicable — No domestic abuse allegations exist.

☐ Applicable — Domestic abuse as defined in Iowa Code Chapter 236 is alleged or established.

B. Protective Orders

☐ A protective order under Iowa Code § 236.5 has been issued:

• Order No.: [________________________________]
• Issuing Court: Iowa District Court, [________________________________] County
• Date issued: [__/__/____]
• Expiration: [__/__/____]
• Provisions regarding custody/physical care: [________________________________]

☐ An emergency order under Iowa Code § 236.6 was issued on [__/__/____]

☐ A no-contact order is in effect: [________________________________]

C. Presumption Against Joint Custody

Under Iowa Code § 598.41(1)(b), a history of domestic abuse creates a rebuttable presumption against joint custody. The court determines whether a history of domestic abuse exists by considering:

• Actions filed under Iowa Code § 236.3
• Protective orders under Iowa Code § 236.5
• Emergency orders under Iowa Code § 236.6
• Contempt findings under Iowa Code § 236.8
• Law enforcement response to domestic abuse reports
• Convictions under Iowa Code § 708.2A (domestic abuse assault)

D. Victim Relocation Protection

Under Iowa Code § 598.41(1)(c), if a parent who is a domestic abuse victim relocates or is absent from the home due to fear of or actual domestic abuse, the court shall not consider that relocation or absence as a factor against the victim parent.

VII. COMMUNICATION

A. Parent-Child Contact

The Temporary Physical Care Provider shall facilitate reasonable communication between the children and the other parent:

☐ Daily telephone/video contact at approximately [________________________________]
☐ [____] times per week at [________________________________]
☐ As circumstances permit (e.g., parent is deployed, hospitalized, or incarcerated)
☐ Through a third party intermediary: [________________________________]
☐ Written communication (letters, email) only due to: [________________________________]

B. Parent-to-Parent Communication

1. Method: ☐ Email ☐ Text ☐ Co-parenting application ☐ Through attorneys only ☐ Other: [________________________________]
2. If a no-contact or protective order is in effect, all communication shall comply with the terms of that order.

C. Information Sharing

The Temporary Physical Care Provider shall keep the other parent informed of:

• The children's health, education, and well-being (☐ weekly updates ☐ as significant events occur)
• Copies of school reports and medical records
• School events and extracurricular activities

VIII. FINANCIAL RESPONSIBILITIES DURING TEMPORARY PERIOD

A. Temporary Support

☐ The other parent shall pay temporary child support of $[________________________________] per ☐ month ☐ week, as ordered by the Court under Iowa Code § 598.10
☐ The other parent shall pay the following expenses directly: [________________________________]
☐ No financial exchange during the temporary period
☐ Financial matters to be determined by the Court

B. Health Insurance

☐ [________________________________] shall maintain health, dental, and vision insurance for the children during the temporary period.

C. Unreimbursed Medical Expenses

During the temporary period: ☐ Shared equally ☐ Proportional to income ☐ Borne by [________________________________] ☐ To be determined by the Court

D. Childcare Costs

☐ Shared equally ☐ Proportional to income ☐ Borne by the Temporary Physical Care Provider ☐ Other: [________________________________]

IX. RESTRICTIONS DURING TEMPORARY PERIOD

A. No Permanent Relocation

The Temporary Physical Care Provider shall not relocate the children outside of [________________________________] County (or [________________________________] area) without the other parent's written consent or court order.

B. Substance Use

☐ Neither party shall consume alcohol to impairment or use illegal substances during parenting time or within 12 hours before parenting time
☐ Stricter standard for [________________________________]: [________________________________]

C. Firearms Safety

All firearms shall be stored unloaded in a locked safe with ammunition stored separately, inaccessible to the children.

D. Non-Disparagement

Neither party shall make negative, derogatory, or disparaging remarks about the other in the children's presence.

E. No Parental Alienation

Neither party shall undermine the children's relationship with the other parent.

F. Return of Children

Upon termination of this temporary arrangement, the Temporary Physical Care Provider shall return the children to the appropriate parent or comply with the Court's permanent custody order.

G. Passport and Travel Restrictions

☐ The children's passports (if any) shall be held by: [________________________________]
☐ Neither party shall apply for a passport for any child without the other party's written consent or court order
☐ No international travel during the temporary period without: ☐ Mutual written consent ☐ Court order

X. TRANSITION TO PERMANENT ARRANGEMENTS

A. Gradual Transition (If Applicable)

If a parent has been absent (deployment, medical treatment, incarceration, etc.), the transition back to the parent's care may be graduated:

• Week 1: [________________________________]
• Week 2: [________________________________]
• Week 3: [________________________________]
• Week 4+: [________________________________]

B. Coordination with Final Decree

The parties understand that permanent custody and physical care determinations will be made as part of the final Decree of Dissolution or by subsequent court order. This temporary arrangement is without prejudice to either party's position regarding permanent custody.

XI. DISPUTE RESOLUTION

A. Mediation

If disputes arise during the temporary period, the parties shall attempt mediation before seeking court intervention, except:

• In emergencies involving the children's health or safety
• When a protective order under Iowa Code Chapter 236 is in effect (mediation is not required in domestic abuse cases)

Iowa judicial district mediation resources:

• 4th Judicial District (Council Bluffs/Pottawattamie County area)
• 5th Judicial District (Polk/Dallas/Warren County area)
• 6th Judicial District (Linn/Johnson County area)
• 7th Judicial District (Scott/Clinton County area)

B. Court Jurisdiction

The Iowa District Court for [________________________________] County, Judicial District [____], retains continuing jurisdiction over all temporary and permanent custody matters.

C. Modification of Temporary Order

Under Iowa Code § 598.11, either party may apply to the Court to modify the temporary order upon showing a substantial change in circumstances occurring after the temporary order was issued.

XII. GENERAL PROVISIONS

1. Governing Law: Iowa Code Chapter 598 (Dissolution of Marriage and Domestic Relations); Iowa Code Chapter 236 (Domestic Abuse Act, if applicable).
2. Temporary Nature: This Agreement is temporary and does not affect permanent custody rights, create presumptions for future custody determinations, or constitute abandonment of parental rights.
3. Severability: If any provision is unenforceable, the remaining provisions remain in effect.
4. Counterparts: May be executed in counterparts, including electronically.

XIII. EXECUTION

The undersigned parties execute this Temporary Agreement voluntarily and in the best interests of the children.

Temporary Physical Care Provider:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Other Parent / Party:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

ATTORNEY ENDORSEMENT (If Represented)

Attorney for Temporary Physical Care Provider:

Signature: [________________________________]
Name: [________________________________]
Iowa Supreme Court Attorney No.: [________________________________]
Firm/Address: [________________________________]
Telephone: [________________________________]

Attorney for Other Parent:

Signature: [________________________________]
Name: [________________________________]
Iowa Supreme Court Attorney No.: [________________________________]
Firm/Address: [________________________________]
Telephone: [________________________________]

TEMPORARY ORDER

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

The Court, having reviewed the foregoing Temporary Custody and Physical Care Agreement, the affidavits of the parties, and the statements of income as required by Iowa Code § 598.11, and finding that:

1. Temporary orders regarding custody and physical care are necessary pending ☐ dissolution ☐ custody modification ☐ other: [________________________________];
2. The proposed temporary arrangement serves the best interests of the minor children under Iowa Code § 598.41(3);
3. The temporary order provides for a minimum visitation schedule with the noncustodial parent as required by Iowa Code § 598.10 (or that such visitation is not in the children's best interest because: [________________________________]);
4. ☐ No history of domestic abuse exists / ☐ The domestic abuse provisions of Iowa Code § 598.41(1)(b) have been addressed;

IT IS HEREBY ORDERED that:

1. Temporary ☐ joint ☐ sole legal custody is awarded to [________________________________].
2. Temporary physical care is awarded to [________________________________].
3. Parenting time for the ☐ other parent ☐ noncustodial parent shall be as set forth in Section V.
4. This temporary order shall remain in effect until further order of the Court or entry of a final decree.
5. Both parties shall comply with the parenting education requirement of Iowa Code § 598.15.

Date: [__/__/____]

[________________________________]
District Court Judge
[________________________________] County, Iowa
Judicial District [____]

SOURCES AND REFERENCES

• Iowa Code § 598.10 — Temporary orders: https://www.legis.iowa.gov/docs/code/598.10.pdf
• Iowa Code § 598.11 — How temporary orders are made; changes: https://www.legis.iowa.gov/docs/code/598.11.pdf
• Iowa Code § 598.41 — Custody of children: https://www.legis.iowa.gov/docs/code/598.41.pdf
• Iowa Code § 598.15 — Parenting education: https://www.legis.iowa.gov/docs/code/598.15.pdf
• Iowa Code § 598.21D — Relocation: https://www.legis.iowa.gov/docs/code/598.21D.pdf
• Iowa Code Chapter 236 — Domestic Abuse Act: https://www.legis.iowa.gov/docs/code/236.pdf
• Iowa Code § 236.5 — Protective orders: https://www.legis.iowa.gov/docs/code/236.5.pdf
• Iowa Code § 708.2A — Domestic abuse assault: https://www.legis.iowa.gov/docs/code/708.2A.pdf
• In re Marriage of Harris, 877 N.W.2d 434 (Iowa 2016) — Modification standard
• Iowa Judicial Branch — Child Custody: https://www.iowacourts.gov/for-the-public/representing-yourself/child-custody
• Iowa Judicial Branch — District Court: https://www.iowacourts.gov/iowa-courts/district-court
• Children in the Middle — Iowa: https://divorce-education.com/ia/
• Co-Parenting for Resilience (ISU Extension): https://www.extension.iastate.edu/humansciences/coparenting
• WomensLaw.org — Iowa Temporary Orders: https://www.womenslaw.org/laws/ia/statutes/59810-temporary-orders