Iowa
Child Custody Law

Iowa Child Custody Guide :: Table of Contents

What Is Child Custody?
Child Custody Factors Table
Iowa Child Custody Law Summary
How Child Custody Is Decided In Iowa
Iowa Child Custody Law Text

Child Custody General Information - What Is Child Custody?

Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent.

Child custody cases in Iowa can be either contested and resolved by court order, or noncontested and defined in a child custody agreement between the parents. A custody agreement or order will legally determine, at minimum, the following things:

Where the child lives (physical custody)
Who is involved in making parenting decisions (legal custody)
How the visitation schedule with non-custodial parents or relatives is arranged

This page describes how a contested child custody case is handled in the Iowa court system, and what factors are used to determine which parent gets custody.

Iowa Custody Court Considerations Table

Statutory Factors
Childs Wishes
Joint Custody Authorized
Favor Joint Custody
Cooperative Parent
Domestic Violence
Attorney or Guardian Ad Litem For Child

Iowa Child Custody Law Summary

After a breakup or divorce in Iowa, couples with children must come to a child custody agreement that describes which parent the children will live with, how visitation will be scheduled, and how the non-custodial parent will pay child support.

Some of the factors considered by Iowa in child custody cases include the child's wishes, willingness of the parent to cooperate with their partner and any history of domestic violence.

What Steps are Involved in Determining Custody?

Unless otherwise decided by a court or juvenile court, having jurisdiction over the child or by operation of law, the duties of a guardian ad litem with respect to a child shall include all of the following:

Conducting general in-person interviews with the child, if the child’s age is appropriate for the interview

interviewing each parent, guardian, or other person having custody of the child

Iowa Child Custody Factors - How Is Child Custody Decided In Iowa?

If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. If child custody is disputed, however, they will have to receive a child custody order from a Iowa judge, who will attempt to make a custody decision that is in the "best interests of the child".

In the state of Iowa, a number of factors are taken into account by the courts when determining who gets child custody. This section describes Iowa's custody factors, considerations, and presumptions when evaluating a custody order.

Is there a set list of statutory factors for calculating child custody in the state of Iowa?

Iowa has a list of statutory factors that are considered by the court when determining a custody order. This list may include factors such as the child's age, the living situation of each parent, any history of abuse or neglect from either parent, etc. Although there is a statutory list of factors, consider other factors at its discretion depending on the particular circumstances of the case.

Do judges in the state of Iowa favor joint custody?

Judges in Iowa are authorized to order either joint or single-parent custody of a child subject to a custody dispute.

Courts in Iowa do not have a presumption in favor joint custody orders when evaluating child custody. The judge will evaluate the specifics of the custody dispute to determine what custody arrangement is in the best interests of the child.

Do Iowa courts encourage parents to cooperate together to raise the child?

Iowa courts favor awarding custody to a cooperative parent who is willing to work together with the other parent regarding child visitation, scheduling, child support, and other co-parenting matters. Iowa law favors co-parenting as being in the best interests of the child, and the courts will favor a parent willing to cooperate over a parent who attempts to alienate their child from the other parent.

Are the child's wishes considered when determining custody in the state of Iowa?

In Iowa, the court does consider the child's reasonable wishes when determining which parent wins custody. The judge may take the child's age, maturity, and judgement into consideration when considering the child's custody preference.

Do Iowa courts consider domestic violence when determining custody?

Iowa has laws that explicitly permit the consideration of domestic violence in conjunction with child custody. This may mean that domestic violence is a statutory factor in custody determinations, that the court has a presumption against custody for abusers, or that special procedural considerations are imposed in cases involving domestic violence.

Do the courts in the state of Iowa have the right to hire an attorney or Guardian Ad Litem to represent the child?

Iowa has statutory authority for appointment of a guardian ad litem or attorney specifically to represent the child in a custody case. This person advocates for the best interest of the child, and is tasked with investigating the family situation and advising the court what custody situation would be in the best interests of the child.

| State Law Official Text

Section(s):
IOWA CODE § 598.12 IOWA CODE § 598.41

1. The court may appoint an attorney to represent the legal interests of the minor child or children of the parties. The attorney shall be empowered to make independent investigations and to cause witnesses to appear and testify before the court on matters pertinent to the legal interests of the children.2. The court may appoint a guardian ad litem to represent the best interests of the minor child or children of the parties.a. Unless otherwise enlarged or circumscribed by a court or juvenile court having jurisdiction over the child or by operation of law, the duties of a guardian ad litem with respect to a child shall include all of the following:(1) Conducting general in-person interviews with the child, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child, if authorized by the person’s legal counsel.(2) Conducting interviews with the child, if the child’s age is appropriate for the interview, prior to any court-ordered hearing.(3) Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child, including visiting the home or residence or prospective home or residence each time placement is changed.(4) Interviewing any person providing medical, mental health, social, educational, or other services to the child, prior to any court-ordered hearing.(5) Obtaining firsthand knowledge, if possible, of facts, circumstances, and parties involved in the matter in which the person is appointed guardian ad litem.(6) Attending any hearings in the matter in which the person is appointed guardian ad litem.b. The order appointing the guardian ad litem shall grant authorization to the guardian ad litem to interview any relevant person and inspect and copy any records relevant to the proceedings, if not prohibited by federal law. The order shall specify that the guardian ad litem may interview any person providing medical, mental health, social, educational, or other services to the child; may attend any meeting with the medical or mental health providers, service providers, organizations, or educational institutions regarding the child, if deemed necessary by the guardian ad litem; and may inspect and copy any records relevant to the proceedings.3. The same person may serve both as the child’s legal counsel and as guardian ad litem. However, the court may appoint a separate guardian ad litem, if the same person cannot properly represent the legal interests of the child as legal counsel and also represent the best interests of the child as guardian ad litem, or a separate guardian ad litem is required to fulfill the requirements of subsection 2.4. The court may require that an appropriate agency make an investigation of both parties regarding the home conditions, parenting capabilities, and other matters pertinent to the best interests of the child or children in a dispute concerning custody of the child or children. The investigation report completed by the appropriate agency shall be submitted to the court and available to both parties. The investigation report completed by the appropriate agency shall be a part of the record unless otherwise ordered by the court.5. The court shall enter an order in favor of the attorney, the guardian ad litem, or an appropriate agency for fees and disbursements, and the amount shall be charged against the party responsible for court costs unless the court determines that the party responsible for costs is indigent, in which event the fees shall be borne by the county.1. Notwithstanding section 598.41, the court shall not do either of the following:a. Enforce an existing order awarding visitation rights to a child’s parent, which was obtained prior to that parent’s conviction for first degree murder in the murder of the child’s other parent, unless such enforcement is in the best interest of the child.b. Award visitation rights to a child’s parent who has been convicted of murder in the first degree of the child’s other parent, unless the court finds that such visitation is in the best interest of the child.2. In determining whether visitation would be in the best interest of the child pursuant to subsection 1, the court shall consider all of the following:a. The age and level of maturity of the child.b. If the child is developmentally mature enough to provide assent and whether the child does assent.c. The recommendation of the child’s custodian or legal guardian.d. The recommendation of a child counselor or mental health professional following evaluation of the child.e. The recommendation of a guardian ad litem for the child if one has been appointed to represent the child in the proceeding.f. Any other information which the court deems to be relevant.3. Until such time as an order regarding visitation rights under subsection 1 is entered, the child of a parent who has been convicted of murder in the first degree of the child’s other parent shall not visit the parent who has been convicted.