Posted by DivorceLine in Iowa Child Custody Laws
Iowa considers awarding joint legal custody in most cases, unless there is evidence of domestic abuse. Physical custody may be awarded to either parent. Rights and responsibilities as joint legal custodian of the child include, but are not limited to, equal participation in decisions affecting the child’s legal status, medical care, education, extracurricular activities, and religious instruction. In considering what custody arrangement is in the best interest of the minor child, the court shall consider the following factors:
a) Whether each parent would be a suitable custodian for the child.
b) 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.
c) Whether the parents can communicate with each other regarding the child’s needs.
d) Whether both parents have actively cared for the child before and since the separation.
e) Whether each parent can support the other parent’s relationship with the child.
f) 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.
g) Whether one or both the parents agree or are opposed to joint custody.
h) The geographic proximity of the parents.
i) 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.
j) Whether a history of domestic abuse exists.
Joint physical care may be in the best interest of the child, but joint legal custody does not require joint physical care. When the court determines such action would be in the best interest of the child and would preserve the relationship between each parent and the child, joint physical care may be awarded to both joint custodial parents or physical care may be awarded to one joint custodial parent.
[Based on Iowa Code: Section 598.41]
