If you are going through a divorce or separation and have shared children with your spouse, it is important to understand the various factors that courts consider when making custody decisions to ensure your and your children’s rights are protected. Read on and speak with a skilled Dallas County child custody lawyer to discuss your situation and secure representation.
What Is the Standard that Custody Courts Uphold?
Although each parent begins the custody process with equal rights to their child, courts in Iowa will rule based on the custody arrangement that best suits and protects the child’s physical, mental, and emotional safety and well-being. This is referred to as the “best interests of the child” standard.
What Is the Best Interests of the Child Standard?
The child’s best interest standard is used in courts in Iowa and across the country to determine custody and visitation decisions. Generally, the courts will always prioritize the child’s well-being and what is best for them over the wishes of the parents.
The goal of an Iowa family court is to allow the child to maintain strong relationships with both parents, as the opportunity for physical and emotional contact with both parents is generally in the child’s best interest. However, despite joint custody being the goal, that is not always possible depending on the circumstances of the situation, each parent, and the child’s needs.
What Factors Do Iowa Courts Consider in Custody Decisions?
To create a custody arrangement that suits the child’s needs and interests, the court must first obtain a clear picture of the child and each parent’s life. This includes their needs, desires, abilities, limitations, health, living environment, and more. Only after considering all relevant factors can a court determine what arrangement will most benefit the child involved. Under Iowa Code § 598.41(2)(a), courts consider the following factors when determining what is in the best interest of a child.
Parents’ Suitability and Past Care
- Whether or not each parent is fit to have custody
- Who the child’s primary care provider is
- If each parent can support the child’s relationship with the other
Child’s Emotional and Developmental Needs
- Whether or not the child would suffer emotionally or psychologically from a lack of contact
- If the child is old enough, their input in the decision
- Whether or not the custody decision would impact their developmental needs, like moving schools
Cooperation and Stability
- The geographical location of the parents
- If the parents can agree to joint custody
- The ability of the parents to communicate about the child’s needs
Safety and Abuse History
- 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
Sole Custody vs. Joint Custody in Iowa
A custody arrangement is generally two-fold. The courts will need to determine how to divide physical custody of the child, as well as legal custody.
Sole Legal Custody vs. Joint Legal Custody
Legal custody grants a parent the right to make important decisions regarding the child, such as where they go to school, what religion they practice, and even what medical care they receive. If sole legal custody is granted, one parent will be responsible for making these decisions on their own. If the court orders joint legal custody, the parents will share this responsibility and can each provide input into making the decision for the child.
Sole Physical Custody vs. Joint Physical Custody
Like legal custody, physical custody can be granted solely to one parent or split between the couple. Physical custody refers to the parent responsible for caring for the child at any given time. As mentioned, Dallas County courts will try to grant joint custody when possible, but this is not always a viable option. If the court grants sole custody to one parent, they may order visitation with the non-custodial parent so they can maintain a relationship with the child.
Contact an Experienced Iowa Family Attorney Today
Determining custody matters can be an incredibly overwhelming matter. That is why it is imperative to connect with an experienced family attorney with Iowa Defenders, PLLC. Our team understands how complicated the custody process can be, which is why we will fight for the best outcome for you and your family. Contact us today to learn how we can represent you.
