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 Iowa?
“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.
It’s important to understand that, while a divorce can be difficult for all parties involved, protecting the health, safety, and happiness of the child is critical and required under Iowa Code §598.41. As such, the court will not make custody decisions based on:
- What the parents want
- Personal conflicts between the parents
- What is easiest for the parents
Core Goals of Iowa Custody and Parenting Time Determinations
- Protecting the child’s physical health and safety
- Ensuring the child’s emotional development
- Promoting a stable and supportive living environment
- Averting exposure to conflict, instability, and abuse
- Minimizing disruptions to the child’s routines
- Promoting relationships with both parents when safe
- Supporting parental involvement
Do Iowa Courts Prefer Custody Arrangements With Both Parents?
In general, Iowa courts, when safe and possible, prefer maximum continuing contact. Essentially, the primary goal of the courts is to ensure that the child can maintain a meaningful relationship with both parents when it is safe to do so. However, this does not mean that the courts will automatically award joint custody. Instead, they will consider the circumstances of the divorce or separation before making a decision.
When Shared Custody or Regular Visitation Is Favored
- Both parents have a history of caregiving and contributing to raising the child
- The parents are able to communicate effectively about the child
- Both households are safe and stable
- The parents are supportive of the child’s relationship with their other parent
- Any conflicts that may arise are easily managed and non-dangerous
When Limited or Restricted Custody May Be Considered
- Allegations of domestic violence
- Substance abuse issues
- Unmanaged mental health problems
- Refusal to co-parent
- Repeated interference with parenting time or communication
- Exposure to violence or dangerous individuals
How Iowa Courts Determine the Best Interests of the Child
Iowa courts will determine what is in the best interest of the child by evaluating a variety of detailed information regarding each parent’s life and how they are or are not suited to have custody of the child. It’s necessary to understand that no singular factor will determine whether or not a parent should be awarded custody. Instead, Iowa courts will weigh a multitude of factors in conjunction with the specific details of the custody case.
Iowa Code 598.41(2) Primary Best Interest Factors
- 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
Does a Child’s Preference Matter in an Iowa Custody Case?
While there are a number of important considerations the court must weigh when making a custody decision, many parents wonder whether or not their child will have a say in the matter. In general, the court can consider a child’s opinion so long as they are mature enough and provide genuine reasoning that is developmentally appropriate for their age.
Situations Where a Child’s Preference May Carry More Weight
- Older or more emotionally mature children
- Consistent and well-explained reasoning behind their preference
- Concerns regarding their health, safety, or environment
- Strong attachment or stability to one home over the other
However, it’s important to understand that, like any other singular factor considered by the court, a child’s preference as to the custody arrangement will not be the sole factor that determines a custody arrangement.
Evidence That May Help Demonstrate a Child’s Best Interests
Iowa courts, when making a custody decision, will consider documented evidence rather than anecdotal statements. As such, understanding what evidence the court will consider is critical to gathering the necessary documents to help fight for the best possible outcome for your child.
Useful Evidence the Courts May Review
- Communication records between parents
- Police reports detailing substance abuse or domestic violence
- Parenting time consistency
- Prior court orders or protective-orders
- History of caregiving responsibilities
- School records
Contact Our Dallas County Family Law Firm
If you are going through a divorce and want to ensure the best interests of your child, working with an experienced attorney with Iowa Defenders is imperative. Our team understands how complicated these matters can be to navigate, which is why we will do everything in our power to help you fight for your family. Contact us today to discuss the details of your case with a member of our firm.
