598B.102 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Abandoned” means left without provision for reasonable and necessary care or supervision.
2. “Child” means an individual who has not attained eighteen years of age.
3. “Child-custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
4. “Child-custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under article III.
5. “Commencement” means the filing of the first pleading in a proceeding.
6. “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.
7. “Home state” means 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.
8. “Initial determination” means the first child-custody determination concerning a particular child.
9. “Issuing court” means the court that makes a child-custody determination for which enforcement is sought under this chapter.
10. “Issuing state” means the state in which a child-custody determination is made.
11. “Modification” means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
12. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
13. “Person acting as a parent” means a person, other than a parent, to whom both of the following apply:
a. The person has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding.
b. The person has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
14. “Physical custody” means the physical care and supervision of a child.
15. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
16. “Tribe” means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
17. “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
99 Acts, ch 103, §2
Referred to in §236.4, 236.5
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 598B - UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT
Section 598B.101 - Short title.
Section 598B.102 - Definitions.
Section 598B.103 - Proceedings governed by other law.
Section 598B.104 - Application to Indian tribes.
Section 598B.105 - International application.
Section 598B.106 - Effect of child-custody determination.
Section 598B.108 - Notice to persons outside state.
Section 598B.109 - Appearance and limited immunity.
Section 598B.110 - Communication between courts.
Section 598B.111 - Taking testimony in another state.
Section 598B.112 - Cooperation between courts — preservation of records.
Section 598B.201 - Initial child-custody jurisdiction.
Section 598B.202 - Exclusive, continuing jurisdiction.
Section 598B.203 - Jurisdiction to modify determination.
Section 598B.204 - Temporary emergency jurisdiction.
Section 598B.205 - Notice — opportunity to be heard — joinder.
Section 598B.206 - Simultaneous proceedings.
Section 598B.207 - Inconvenient forum.
Section 598B.208 - Jurisdiction declined by reason of conduct.
Section 598B.209 - Information to be submitted to court.
Section 598B.210 - Appearance of parties and child.
Section 598B.301 - Definitions.
Section 598B.302 - Enforcement under Hague convention.
Section 598B.303 - Duty to enforce.
Section 598B.304 - Temporary visitation.
Section 598B.305 - Registration of child-custody determination.
Section 598B.306 - Enforcement of registered determination.
Section 598B.307 - Simultaneous proceedings.
Section 598B.308 - Expedited enforcement of child-custody determination.
Section 598B.309 - Service of petition and order.
Section 598B.310 - Hearing and order.
Section 598B.311 - Warrant to take physical custody of child.
Section 598B.312 - Costs, fees, and expenses.
Section 598B.313 - Recognition and enforcement.
Section 598B.315 - Role of prosecutor.
Section 598B.316 - Role of law enforcement.
Section 598B.317 - Costs and expenses.