If you are a parent and are getting divorced in Iowa, it is important to understand your child’s rights and options. While a child cannot outright choose which parent they want to live with, they can express their opinion to the court. To learn more, read on and speak with a knowledgable Dallas County child custody lawyer today.
Can My Child Choose Which Parent to Live With in IA?
No, there is no age at which a minor child can choose which parent they want to live with in Iowa. Once a child turns 18 years old, they are considered an adult and can decide where to live and with whom. However, during custody deliberations involving a child under the age of 18, they do not get to select which parent to live with.
That is not to say that their opinion means nothing or that they have no say in the matter. Iowa courts want to make decisions based on what is best for the child, which also includes the child’s desires. Children are permitted and often encouraged to express their feelings and preferences regarding which parent they want to reside with and why. Their opinion could be heavily considered by the court depending on how old the child is and whether they are mature enough to grasp the situation and implications.
How is Custody Decided in Iowa?
Child custody is a complex topic and Iowa courts always strive to make decisions based on what is in the best interest of the child or children involved. Iowa Code Section 598.41 outlines the various regulations regarding custody of children, including a list of the factors courts must consider when determining what custody arrangement is in the best interest of the child, which are listed below.
- Whether each parent would be a suitable caretaker for the child
- Whether the child’s psychological and emotional needs and development would suffer due to a lack of contact with both parents
- Whether the parents can effectively communicate with one another regarding the child’s needs
- Whether either parent has actively cared for the child before and since the separation
- Whether either parent can support the other parent’s relationship with the child
- Whether either parent agrees or is opposed to joint custody
- How close each parent lives to one another
- Whether the safety of the child, the other parent, or other children would be jeopardized by joint custody or unsupervised visitation
- Whether either parent has a history of domestic abuse
- Whether either parent has allowed a person custody, control, or access to a child while knowing that the person is on or required to register on the sex offender registry
- The child’s wishes or whether the child has a strong opposition, considering their age and maturity
As established here, the child’s preference does matter and is taken into consideration during custody decisions. However, it is not the only deciding factor. Sometimes, especially when the child is young or does not have a clear understanding of the situation, the opinion they express could actually be in opposition to what is best for their physical and mental health and safety.
