Child care in Iowa is governed by a set of policies established by law. These policies are intended to recognize the duties and responsibilities of both parents while taking into account what is in the best interests of the child. The courts often adjust the needs of the respective family situation. Are you a parent seeking legal help for child custody in Iowa? Court decisions can have significant lifelong effects on you and your child. Our family law attorneys provide effective legal services to help you achieve your family goals and answer your questions about custody arrangements in Iowa. Contact Diana Miller in Southeast Iowa or one of our family law attorneys in Des Moines, Iowa to get started today. In Iowa, if a couple (married or unmarried) has children under the age of eighteen in the family, the courts play a role in custody decisions. In primary physical care, one parent is chosen as the child`s primary caregiver and the other parent receives visits. In such arrangements, a primary physical guardian is responsible for the day-to-day care of the child and makes decisions regarding the child`s day-to-day care. While many people worry that a primary physical custody arrangement will diminish their parenthood, this is rarely true. As long as you share joint custody with your spouse, you will both be involved in decisions about your child`s upbringing. In determining the joint custody arrangement that is best for the child, the court must consider: A court may also award sole custody if there is clear and convincing evidence that joint custody is inappropriate and not in the best interests of the children. For example, the courts have found that joint custody is inappropriate and not in the best interests of the child if a non-custodial parent suffers from depression, substance abuse and suicidal tendencies and poses a danger to themselves and their children.
Under sole custody, one parent has sole custody. Iowa courts consider the following factors when considering whether to provide joint physical care: 1. the historical custody agreement between the parties; (2) the parents` ability to communicate and respect each other; (3) the degree of conflict between the parents; and (4) similarities and differences in parents` approach to the day-to-day care of the child. These factors are not exclusive and courts may consider other factors relevant to the best interests of the child. Iowa law requires the court to consider the best interests of the child and order a custody agreement that gives the child the opportunity for maximum sustained physical and emotional contact with both parents after separation and dissolution of the marriage, and encourages parents to share the rights and duties related to the child`s upbringing. unless the child suffers significant physical or emotional injury. Other children or a parent are likely to occur. See Iowa Code Section 598.41. When considering which custody arrangement is in the best interests of the minor child, Iowa Code Section 598.41(3) requires the court to consider the following factors: Yes. Even if you and your spouse agree on the terms of your divorce and custody issues, the court must still review and approve those terms. The conditions of custody are final only after a judge has signed the “final judgment on the dissolution of the marriage”. Communication; If parents have shared physical care, they need to coordinate their lives carefully to ensure that children have everything they need.
Therefore, the court will consider whether the parties can communicate to determine whether joint physical care is appropriate. Custody is the right to ask questions and make decisions about important issues that affect children. Custody is also the right to access information about the child to make decisions. When a court grants joint custody, each parent has the same right to participate in decision-making regarding the child`s education, health care, religious education and other similar matters. Joint custody is common. The alternative is sole custody, which is often ordered when parents cannot communicate well or when it may be dangerous for them to communicate. Sole custody means that only one parent has the right to make these decisions. Keep in mind that you can apply for a change in custody arrangements if you can prove a change in circumstances. If you have questions or concerns about child custody in Iowa, you can benefit from an experienced family law attorney by your side. What does a court consider when granting sole custody? Parents are obliged and obliged to take care of their children until they reach the age of majority. This responsibility may extend into adulthood for children with disabilities or in extenuating circumstances.
If payments are not made in accordance with the applicable order, the party in question will be held liable under the Iowa Child Support Enforcement Rules. If there is joint custody, how does the court decide where the child will live? Iowa courts always pay attention to the best interests of the child when determining custody issues, the court will look at the totality of the circumstances between the parents to determine what is best for the life of the child or children and the interests of the child or children. Iowa almost always orders joint custody of the child`s parents or children, as long as it is in the best interests of the child and/or children involved. This gives all parents the right to equality with regard to decisions concerning the child or children: medical care, religious instruction, educational choices and any other activity that the child needs from the child`s parents or minor children. Iowa will only grant sole custody after weighing many factors in its decision that it would not be in the best interests of the child to share time with both parents in a joint custody situation. This usually happens when the child is abused, the parent has a drug or alcohol problem, the parent makes decisions that put the child at risk of harm or danger, there must be clear and convincing evidence of the above problems. To determine whether or not you will be the parent who pays child support, you must first find out who the court awards custody of the child(s), this parent is called the “custodial parent”, the custodial parent who has physical custody of the child(ren) will not pay child support. The court will pay child support to the parent who does not have physical custody (physical custody) of their child(ren), this parent is called a “non-custodian” parent and is obliged to pay child support every month. This person can be the mother or father of the child, gender does not matter in the determination, the court will always pay attention to the best interests of the child to ensure that the child`s financial needs are met.
Sole custody is rarely given to one parent. The only legal exception to shared custody is that the domestic violence occurred between the parties. However, mere allegations of domestic violence do not justify granting sole custody. A history of domestic violence must be demonstrated by the factors set out in section 236.2, including: (1) the filing of a complaint of domestic violence; (2) issue a protection order, a court order or a consent; (3) issue an emergency protection order; contempt of a parent for violating a protection order; (4) a peace commissioner responding to a report of alleged domestic violence; or (5) a conviction for domestic violence. If the court awards joint custody to both parents, it may, at the request of one of the parents, grant joint physical care. See Section 598.41(5)(a) of the Iowa Code. Custody is the ability to make decisions about children beyond “day-to-day” care. This includes doctor`s appointments, educational decisions, extracurricular activities, etc. The court may award joint or sole custody. Joint custody means that the legal responsibility of a minor child is divided equally between the parents and neither parent has the higher legal rights of custody than the other parent. Joint custody does not necessarily mean that the child must spend the same amount of time with both parents or live with both parents. See Section 598.1(3) of the Iowa Code.
Before granting custody or placement, the court may invite the parties to participate in mediation. Mediation is a method of alternative dispute resolution that allows parties to work with a neutral third party to find an out-of-court solution. The costs of mediation shall be borne by the parties. Mediation services are available throughout Iowa. See Section 598.7 of the Iowa Code. According to Iowa`s custody laws: “If the child is fourteen years of age or older, you must give written consent to the name change. If the child is under fourteen years of age, both parents named on the birth certificate must give their written consent to the change of name. The stakes are high in a custody case.
The judge`s decision will determine how much time you can spend with your child and how many responsibilities and rights you will have. The legal complexity of a custody dispute is best handled by a family lawyer. Your attorney needs to be familiar with Iowa`s custody laws and help you achieve the desired outcome. If the court finds that there is a history of domestic violence, there is a rebuttable presumption against joint custody. See Section 598.41(1)(b) of the Iowa Code. Sole custody means that only one parent has legal responsibility for a minor child.