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When do Iowa judges grant one parent sole custody?

On Behalf of | Sep 16, 2024 | Family Law

Many people preparing for divorce dream of making a clean break with their spouses. They want to move on with their lives and never see their spouse again if possible. When married couples have children together, that kind of complete separation usually isn’t realistic.

Parents in Iowa typically share custody after they divorce. Parents have to see each other when they exchange custody and have to communicate with one another about major decisions regarding their children. Some people dream of sidestepping the stress of co-parenting by pursuing sole custody. They may spend quite a bit of time and money trying to obtain those terms. However, sole custody is relatively uncommon in modern Iowa divorces.

When might a judge grant one parent sole custody while limiting or eliminating the parenting time of the other?

When they believe that it is in the best interests of the children

Iowa family law judges have to consider a situation carefully before making custody determinations. The law requires that they act in the best interests of the children rather than focusing on the rights and preferences of the parents. There is a presumption in many cases that maintaining both parent-child relationships with liberal amounts of parenting time is what is best for the children.

A parent seeking sole custody has to overcome that presumption by presenting evidence of concerning issues. Factors such as substance abuse, severe medical challenges, a history of domestic violence or a pattern of neglect could convince a judge that sole custody held by one parent is what is truly best for the children in the family.

The accusations of one parent typically aren’t enough to justify a highly-uneven custody arrangement or the elimination of one parent’s custody rights. Verifiable evidence such as police reports or medical evidence is typically necessary to convince a judge that sole custody is the best solution.

When parents reach an agreement

Sometimes, judges don’t set the custody terms for a family. Instead, their role is to review and approve the terms proposed by the spouses. Individuals preparing for divorce proceedings are sometimes able to negotiate specific custody arrangements with one another.

One parent might agree that their lifestyle or career leaves them incapable of consistently meeting their children’s needs. In such scenarios, they might agree to give the other parent sole custody while accepting visitation to maintain their bond with their children.

Parents typically need to know what to expect as they prepare for custody negotiations. Securing sole custody is possible but typically only an option in specific circumstances.

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