Child custody in Iowa

What the law tells the judge to look at

In the order the law lists them.

1. Whether each parent would be a suitable custodian for the child.Iowa Code § 598.41(3)(a)
2. Whether the child's psychological and emotional needs and development will suffer if the child does not have active contact with and attention from both parents.Iowa Code § 598.41(3)(b)
3. Whether the parents can communicate with each other about the child's needs.Iowa Code § 598.41(3)(c)
4. Whether both parents have actively cared for the child before and since the separation.Iowa Code § 598.41(3)(d)
5. Whether each parent can support the other parent's relationship with the child.Iowa Code § 598.41(3)(e)
6. Whether the custody plan matches the child's wishes, or whether the child strongly opposes it, considering the child's age and maturity.Iowa Code § 598.41(3)(f)
7. Whether one or both parents agree to or oppose joint custody.Iowa Code § 598.41(3)(g)
8. How close the parents live to each other.Iowa Code § 598.41(3)(h)
9. Whether joint custody, or unsupervised or unrestricted visits, would put the child, other children, or the other parent in danger.Iowa Code § 598.41(3)(i)
10. Whether there is a history of domestic abuse. The judge looks at things like protective orders, emergency orders, contempt findings, police calls or arrests for domestic abuse, and convictions for domestic abuse assault.Iowa Code § 598.41(3)(j)
11. Whether a parent let someone have custody of or unsupervised access to the child while knowing that person is on the sex offender registry.Iowa Code § 598.41(3)(k)

Other things the judge considers

• The judge must try to give the child the chance for the most continuing physical and emotional contact with both parents, unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely.Iowa Code §§ 598.1(1), 598.41(1)(a)
• If one parent, without good reason, denies the child the chance for contact with the other parent, the judge must treat that as a significant factor. A history of domestic abuse can be a good reason.Iowa Code § 598.41(1)(c)
• If a parent who is a victim of domestic abuse moved out or stayed away because of the abuse or threats, the judge cannot count that against that parent.Iowa Code § 598.41(1)(d)
• The judge must consider a parent's conviction for a sex offense against a minor when deciding visitation. That parent cannot have visits while in jail or prison, and may have visits denied while on probation or parole until finishing a court-approved treatment program.Iowa Code § 598.41A

What the judge may not consider

If a victim of domestic abuse moved or was absent because of the abuse, that cannot be held against the victim (Iowa Code § 598.41(1)(d)). A parent convicted of first-degree murder of the child's other parent cannot get visitation unless the judge finds it is in the child's best interest (§ 598.41B).

Joint custody

Strong preference for joint custody, but not a presumption. If either parent asks for joint custody, the judge must consider it. To deny it, the judge must find clear and convincing evidence, using the factors, that joint custody is unreasonable and not in the child's best interest. If parents agree to joint custody, the factors do not apply. If either parent asks for joint physical care, the judge may award it, and must explain in writing if the judge says no.

The child's wishes

The judge considers whether the plan matches the child's wishes, or whether the child strongly opposes it, taking into account the child's age and maturity. No age is set.

Domestic violence

If the judge finds a history of domestic abuse, the law presumes joint custody should not be awarded. The parent can try to overcome this. If the history of abuse is not overcome, it outweighs every other factor. The judge cannot order custody mediation in that case, and a victim can ask to be excused from court-ordered mediation.

Who has custody before a court order

If the parents are not married and paternity has not been acknowledged (and the child has not been adopted), the mother has sole custody unless a court orders otherwise. After paternity is established, the father can ask the court for custody or visitation. The court then uses the same custody law and factors as in a divorce.

Establishing paternity

How

Both parents can sign the state's Affidavit of Paternity, usually at the hospital or later. Signatures must be notarized. The affidavit is filed with the state registrar of vital records (or a county registrar, who sends it on). Once registered, it legally establishes paternity, unless it is cancelled in time. You can also go to court, or ask Iowa Health and Human Services Child Support Services, which can order genetic tests. A test result of 95% or higher creates a presumption that the man is the father.

Form

Affidavit of Paternity

Cancelling it

Either signer can file a notarized rescission form with the state registrar within 60 days after the last notarized signature, or before a court order in a case about the child, whichever comes first. The state may charge a fee to register the rescission.

Agency

Iowa Health and Human Services (state registrar of vital records; Child Support Services)
https://hhs.iowa.gov/child-support

Changing an order

You can apply to change a custody or visitation order. The court changes it only if there has been a substantial change of circumstances. If you ask to change sole custody to joint custody, or joint custody to sole custody, the joint custody rules and factors apply. The court may send parents to mediation unless there is a history of domestic abuse or a risk of harm.

Law: Iowa Code §§ 598.21C(3), 598.41(8)

If the other parent does not follow the order

If the other parent does not follow the custody or visitation order, you must file a court action against them (for example, an application for contempt; the motion fee is $80). If the judge finds the parent willfully disobeyed the order, the judge can find them in contempt and order up to 30 days in jail for each violation. Instead of jail, the judge can give make-up visitation, order joint custody or transfer custody, order exchanges through a neutral person or center, or order mediation. The parent in contempt can be ordered to pay court costs and reasonable attorney fees.

Law: Iowa Code §§ 598.23, 598.24

Grandparent visitation

Only in one situation: a grandparent or great-grandparent can ask for visitation if the child's parent who is their child (or grandchild) has died. The law presumes a fit parent's decision to deny visits is in the child's best interest. The grandparent must prove by clear and convincing evidence that visits are in the child's best interest, that they had a substantial relationship with the child before filing (for example, the child lived with them for 6 months, they supported the child for 6 months, or they had frequent visits including overnights for a year), and that the parent is unfit to decide or the parent's judgment is impaired (such as neglect, abuse, violence, indifference, substance use disorder, or mental illness) and visits would greatly benefit the child. No temporary orders are allowed, and you may not file more than once every 2 years without good cause.

Custody and visitation in the order

Yes. A temporary protective order and a final protective order can give temporary custody or set temporary visitation for children under 18. The judge must put the safety of the victim and the children first, and can limit, supervise, or deny visits. The judge also decides whether existing custody or visitation orders should change.