110 Iowa L. Rev. 427 (2024)
Abstract
There is a longstanding policy in Iowa that once child custody has been determined, it should rarely be upset and only for the most important reasons. Because of this policy, parents seeking modifications of their custody arrangements were not entitled to temporary custody orders while their modification was pending. That was until 2005, when the Supreme Court of Iowa recognized the courts’ authority to issue temporary custody orders in the landmark case of In re Marriage of Grantham. In that case, the court held the father’s military deployment necessitated temporary orders because he was physically absent from his parental role. However, the standard for when such orders are appropriate in the wake of Grantham is unclear, and that unclarity has limited when parties can obtain temporary custody orders. This Note argues that societal changes since Grantham require an updated standard reflecting these changes, such as an increased focus on the child’s mental health and shorter waiting times for the court to decide the modification. Further, the Iowa Legislature should follow other states’ lead and enact a statutory provision giving courts broader authority to enter temporary custody orders while a modification is pending. The proposed statutory provision would remedy the issues with the Grantham standard while maintaining Iowa’s policy of only changing the child’s custody in rare circumstances.