When child custody and visitation issues arise, one of the most important things to consider is the “best interest of the child.” In Iowa, this standard helps guide courts when making decisions that directly affect a child’s life. However, it is important for parents to understand what the best interest of the child really means and how it will impact the outcome of their case. To learn more and secure skilled legal advice, reach out to a knowledgeable Dallas County family lawyer at Iowa Defenders, PLLC today.

What Does “Best Interest of the Child” Really Mean in IA?

“Best interest of the child” is a legal standard that acts as the primary consideration for decisions regarding child custody and related matters. During a separation, divorce, or any other legal matter involving children, prioritizing their well-being is of the utmost importance.

Children, especially young kids, can be significantly impacted by their parents splitting up, and studies have shown that this type of disturbance can seriously affect emotional development and behavior. Prioritizing the best interest of the child ensures that the child’s welfare, safety, and overall well-being are protected regardless of the preference or convenience of the parents.

How Are the Child’s Best Interests Determined?

Iowa courts will determine what is in the best interest of the child by evaluating a variety of detailed information regarding each parent’s lives and how they are or are not suited to have custody of the child. Iowa Code 598.41(2) outlines the factors that courts consider when making these decisions. Consider the following.

  • Whether each parent would be a suitable custodian for the child
  • Whether the psychological and emotional needs 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 regarding the child’s needs
  • Whether both parents have actively cared for the child before and since the separation
  • Whether each parent can support the other parent’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 consideration the child’s age and maturity
  • Whether one or both of the 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 by unsupervised or unrestricted visitation
  • Whether a history of domestic abuse, as defined in section 236.2, exists
  • Whether a parent has allowed a person custody or control of, or unsupervised access to a child after knowing the person is required to register or is on the sex offender registry as a sex offender under chapter 692A

These factors are weighed as the judge sees fit, depending on the unique circumstances of each family. To learn more and obtain legal representation, reach out to an experienced attorney today.