Child Custody Attorneys in Des Moines

How Is Custody Decided in Iowa?

When deciding on legal and physical custody in Iowa, the courts will evaluate many factors to determine whether or not it would be best for the child to live with both parents. For example, in a case where a parent was violent or abusive in the home, joint physical care would not be in the child's best interests.

When establishing the custody arrangement best for the child, the court will consider:

• The suitability of each parent to be a custodian
• The psychological and emotional development of the child
• The parents’ ability to communicate with each other about the child
• Each parent’s level of care for the child before and since the separation
• Whether each parent can support the other’s relationship with the child
• The child’s wishes, taking into account the child’s age and maturity
• Whether the parents agree to joint custody
• The geographic proximity of the parents
• The safety of the child or the other parent

Iowa law directs that when the court orders sole physical custody, it must also order liberal visitation rights for the noncustodial parent so that the child can have continuing physical and emotional contact with both parents. The court may restrict visitation if the court deems contact with the noncustodial parent is likely to harm the child.

• Source: https://www.iowalegalaid.org/resource/questions-and-answers-about-custody-and-visit

Call our child custody lawyers in Des Moines at (515) 298-5056 for a free consultation.

Types of Child Custody in Iowa

In Iowa, there are two categories of rights and responsibilities that parents have regarding their minor children – legal custody and physical care.

Legal Custody in IA

Legal custody involves decision-making authority on issues that affect the child’s health, education, and welfare

• Sole legal custody - Only one parent has been given legal authority to make these important decisions.
• Joint legal custody -- Both parents are given the authority to make important decisions for the child's well-being. Iowa courts will tend to favor this arrangement if at all possible.

Iowa Physical Care Laws

• Physical care — The duty to provide a safe environment for the child that includes adequate shelter, clothing, and nutrition
• Joint physical care: Both parents have the right as well as the responsibility to provide a home for the child, routine care, and will both share parenting time. This arrangement tends to be favored as well, as it allows the child to maintain a bond and close relationship with each parent. The time spent with each parent may or may not be equal. In some cases, the courts may assign "primary physical care," where the child will live with that parent more often than the other. The other arrangement may be "joint physical care," which may be closer to an equal amount of time shared.

The Legal Process of Obtaining a Child Custody Order

In Iowa, the legal process for child custody disputes typically involves the following steps:

1. Filing a Petition: The process usually begins with one parent filing a petition for child custody with the appropriate court. This outlines their request for custody arrangements.
2. Service of Process: The other parent must be officially notified of the legal proceedings. This is usually done through the service of legal documents, including the petition.
3. Response: The non-filing parent has the opportunity to respond to the petition, either agreeing or contesting the proposed custody arrangements.
4. Mediation: In some cases, the court may require mediation to help parents reach an agreement on custody and visitation without going to trial.
5. Temporary Custody Orders: While the case is ongoing, the court may issue temporary custody orders to establish a stable environment for the child until a final decision is made.
6. Discovery: Both parents may engage in the discovery process, exchanging relevant information and evidence related to their parenting abilities and the child's best interests.
7. Evaluation or Assessment: The court may order a custody evaluation or assessment by a neutral third party, such as a social worker or psychologist, to help determine the best interests of the child.
8. Trial: If an agreement cannot be reached through mediation, the case may proceed to trial. Each parent presents their case, and the court makes a decision based on the evidence presented.
9. Final Order: The court issues a final custody order, outlining the legal and physical custody arrangements, visitation schedules, and any other relevant details.
10. Enforcement and Modification: Both parents are expected to adhere to the court's orders. If circumstances change, either parent can request a modification of the custody arrangement.