During a separation or divorce where the couple shares minor children, one of the most important topics that must be addressed is how to split custody between the parents. Parents are often encouraged to create their own custody arrangement outside of court and submit it for review and approval. However, if the pair cannot agree or if the agreement is rejected, the court will step in and create the final arrangement. As a parent, it is crucial that you understand the various factors that courts consider when making custody decisions. For more information, read on and contact a Dallas County child custody lawyer today.
What is the “Best Interest of the Child” Standard?
When you hear discussions about doing what is in the “best interest of the child,” it is important to understand that it is a legal standard that ensures all custody and related decisions are made based on what will best promote the child’s physical, emotional, and mental health and safety.
It is the default belief that maintaining strong relationships with both parents is in the child’s best interest, so courts will try to award joint custody when possible. However, depending on the morality, fitness, and capabilities of each parent, a joint custody arrangement may not be reasonable or beneficial for the child’s growth and development.
What Factors Do IA Courts Consider in Custody Decisions?
Per Iowa Code Section 598.41(2)(a), courts consider the following factors when determining what custody arrangement is in the best interest of a child.
- Whether each parent would be a suitable custodian for the child
- Whether the psychological and emotional needs and development of the child would suffer due to lack of 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’s relationship with the child
- The child’s wishes or strong opposition, depending on 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 joint custody or unrestricted visitation
- Whether a history of domestic abuse exists on the part of either parent
- Whether a parent has allowed a person custody of or unsupervised access to a child while knowing the person is on the sex offender registry
Judges only have access to so much information during the course of custody deliberations. These factors allow the court to gather evidence establishing what custody arrangement will be best for the child, provide them with stability, and allow them to remain safe both physically and mentally.
Contact a skilled attorney at Iowa Defenders, PLCC today to discuss your situation and secure experienced legal representation.
