Iowa Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   One out-of-court instrument for a deploying parent in Iowa is a power of attorney under Iowa Code 598C.204. The deploying parent signs it.

2. 2

   The power of attorney delegates all or part of the deploying parent's custodial responsibility to an adult nonparent for the period of deployment. No month cap is stated, and no renewal is stated. A related written agreement under 598C.201 is temporary and ends under article IV after the deploying parent returns from deployment.

3. 3

   Under Iowa Code 598C.205, it 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. It can be used only if no other parent possesses custodial responsibility under Iowa law other than chapter 598C, or if a current court order prohibits contact between the child and the other parent. A separate agreement under 598C.201 is signed by both parents and any nonparent granted responsibility.

4. 4

   Powers are the deploying parent's custodial responsibility, all or part, as the document specifies. Chapter 598C contains no school or medical wording and no protection for schools or providers who rely on the document, so this page does not promise that any school or medical provider must accept it. An agreement under 598C.201 cannot modify child support.

5. 5

   The deploying parent may revoke the power of attorney by signing a revocation. The caregiver must be an adult nonparent; no relative requirement is stated.

6. 6

   This is not a court guardianship. It does not transfer custody and does not terminate or reduce parental rights, and the caregiver does not become a legal guardian. It covers only the period of deployment.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Iowa juvenile court options exist: guardianship with parental consent (Iowa Code 232D.203, using a parent affidavit on a judicial branch form), an emergency temporary guardian (232D.309, ex parte order ends within 30 days, extendable up to 60 days for good cause), or a standby petition (232D.310). DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Iowa child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Iowa Requirements for Temporary Guardianship Agreement

• Deployment Power of Attorney

  A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment (Iowa Code 598C.204).

• Duration

  The delegation applies for the period of deployment, with no month cap or renewal stated. An agreement under 598C.201 terminates under article IV after the deploying parent returns (Iowa Code 598C.202(1), 598C.204).

• Use Conditions

  Usable only if no other parent possesses custodial responsibility under a law of this state other than chapter 598C, or if a court order currently in effect prohibits contact between the child and the other parent (Iowa Code 598C.204).

• Filing With Existing Court

  The power of attorney 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 (Iowa Code 598C.205).

• Deploying Parent Signature

  The deploying parent signs the power of attorney (Iowa Code 598C.204).

• Custodial Responsibility Delegated

  All or part of the deploying parent's custodial responsibility, as the document specifies, is delegated to an adult nonparent (Iowa Code 598C.204).

• Revocation

  The deploying parent may revoke the power of attorney by signing a revocation of the power of attorney (Iowa Code 598C.204).

• Separate 598C.201 Agreement

  A separate written agreement under 598C.201 must acknowledge that any parent's child support obligation cannot be modified by the agreement (Iowa Code 598C.201(3)(h)).