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?

Like many states, Iowa child custody courts abide by the “best interests of the child” standard, meaning that all custody and visitation decisions are made while prioritizing the child’s well-being and what is best for them.

Although each parent begins the custody process with equal rights to their child, the court will rule based on the custody arrangement that most suits and protects the child’s physical, mental, and emotional safety and well-being.

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 IA Courts Consider in Custody Decisions?

In order to create a custody arrangement that suits the child’s needs and interests, the court must first get a clear picture of the child’s 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.

  • 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

The above and more are pertinent pieces of information that allow a court to determine the custody and visitation arrangement that will most benefit the child. To learn more about your parental rights and options, reach out to a skilled family lawyer today.