How Is Child Custody Determined In Iowa?
In Iowa, the best interest of the child is the driving force in determining custody and visitation. In many cases, the best interest of the child means finding a way to keep both parents actively involved in the child’s life, with shared rights and responsibilities. This could involve:
- Joint custody, in which both parents have legal custody and an equal say in decision-making in terms of education, healthcare and other decisions
- Joint physical care, in which parenting time is shared by the parents, with each regularly caring for and housing the child
In some cases, however, joint custody or physical care may not be in the best interest of the child. Things to consider – and that a judge may consider – in determining a child’s best interest include:
- Where each parent lives
- How each parent has cared for the child in the past
- The child’s wishes, depending on their age
- Any history of domestic violence or abuse
- Each parent’s ability to care for the child emotionally and physically
- How well the parents are able to communicate with each other
While a judge may eventually be the one making a decision on child custody and visitation rights, parents are typically encouraged to reach a resolution outside of court. You may be required to go through multiple rounds of mediation before your case goes to court.
When Mediation Isn’t Possible
In some cases, mediation won’t work to reach an acceptable agreement. The other parent may pose a danger to you or your child, or they may be completely unreasonable or unwilling to negotiate. In this type of situation, your case may need to be argued in court in front of a judge.
Answers For Iowa Parents Facing Custody Changes
Custody questions often arise when parents need to create, review or change a parenting arrangement. Because each decision may affect your rights and your child’s daily life, it helps to understand the following common issues:
How do I file for child custody in Iowa if we’re not married?
If you and the other parent were never married, you may need to establish legal paternity before the court can decide custody. Paternity may be established through a signed acknowledgment or a court case. Once paternity is established, either parent may ask the court to decide legal custody, physical care and parenting time.
The court will review what arrangement serves your child’s best interest. This review may include each parent’s past role, ability to provide care and willingness to support the child’s bond with the other parent. Although you may already follow an informal schedule, a court order can define your rights and make the arrangement easier to enforce.
Is 50/50 custody the default in Iowa?
Iowa does not automatically require parents to divide parenting time equally. The court separates legal custody from physical care when deciding a case. Legal custody covers major choices about your child, while physical care addresses where your child lives and who handles daily needs.
A judge may consider joint physical care when a parent requests it, but equal time must still support your child’s best interest. The court may review how well you communicate, how far apart you live and how each of you has cared for the child. Any history of abuse may also affect the decision. As a result, a balanced schedule may work for one family but not another.
How does moving out of state affect my custody rights in Iowa?
Moving out of Iowa does not automatically end your custody rights. However, taking your child with you may affect the current parenting plan and the other parent’s time with the child. The court may need to decide whether the move supports your child’s best interest.
A long-distance move may also support a request to modify the custody order. The revised plan may provide longer visits during school breaks, virtual contact and new transportation terms. Before moving, you should review your current order and determine whether you need the other parent’s consent or court approval.
We Will Fight For The Right Custody Arrangement For You
The experienced trial lawyers at Carr Law Firm P.L.C. are prepared to advocate for you in court. Our willingness to appear in court can also help us negotiate more effectively with the other side outside of court.
If your circumstances change (for example, if you or your ex remarries or moves out of state), we can also assist with modifications to your custody and visitation arrangement. If you believe your ex is not following your agreement, we can also assist with enforcement actions.
Contact our Des Moines firm at 515-259-1389 or reach out online to schedule a free consultation with an attorney to discuss your situation.