Child Custody in Iowa

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When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, Iowa courts will intervene and establish custody arrangements based on the best interests of the child. For a summary of divorce and child custody laws in Iowa, go to divorcesource.com.

 

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

 

Iowa law requires the court to order a child custody award that includes liberal visitation rights so as to assure that the child has a maximum opportunity for continuing, physical and emotional contact with both parents. Iowa courts encourage the parents to share in the rights and responsibilities of raising the child, unless it is likely that the child would come into harm's way. 

 

According to lawyers.com, Iowa courts consider various factors when awarding child custody, including the following:

 

  • Whether each parent would be a suitable custodian for the child
  • Whether the psychological and emotional need and development of the child will suffer due to lack of active contact with and attention from both parents
  • Whether the parents can communicate with each other about the child
  • Whether both parents have actively cared for the child before and since the separation
  • Whether each parent can support the other's relationship with the child
  • Whether the custody arrangement is in accord with the child's wishes, or whether the child has strong opposition, taking into account the child's age and maturity
  • Whether one or both parents agree or are opposed to joint custody
  • The geographic proximity of the parents
  • Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody, or unsupervised or unrestricted visitation
  • Whether a history of domestic abuse exists

 

Iowa parents are required to attend a court-approved course about how divorce affects children. Parents are required to attend the course within 45 days of the service, or original notice or application for modification of an order.

 

Grandparents may also petition the court for visitation rights. Custody and visitation orders may be modified if the court finds that a substantial change in circumstances has occurred, but a parent must apply to the court for a modification of a child custody order. To review the full text of child custody law in Iowa, go to Iowa Code 598.41.