What Is the Iowa Best Interest of the Child Standard?

 

Understand the common factors Iowa’s judges use when making child custody decisions.

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Iowa courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Iowa Code 598.41 which says:

The court, insofar as is reasonable and in the best interest of the child, shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.

How Courts Make Child Custody Decisions in Iowa

Iowa law directs the court to consider the following list of specific factors when deciding 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 of the child will suffer due to lack of contact with both parents
  • whether the parents can communicate with each other about the child’s needs
  • whether both parents have actively cared for the child since their separation
  • whether each parent can support the other parent’s relationship with the child
  • the child’s wishes, taking into account his or her age and maturity
  • whether either parent opposes joint custody
  • where the parents live
  • whether the safety of the child, other children, or the other parent will be jeopardized by an award of joint custody or by unsupervised or unrestricted visitation
  • any history of domestic abuse
  • whether a parent has allowed a sex offender unsupervised access to a child.

Iowa law prefers that judges award joint custody but, as you can see from the factors listed above, judges have a lot of flexibility to establish parental rights and responsibilities based on the child’s best interest. In addition to the guidelines provided by state statutes, the court may consider any other factors the judge finds relevant to the situation.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the key factors courts use to make custody decisions in Iowa. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Iowa Code Section 598.41.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Idaho law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Iowa

Finding your local family court. In Iowa, family law cases are handled in the county district courts. Be sure to take advantage of any self-help resources your court offers.

Iowa Family Law Court for Plymouth County


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Jurisdictional relevance: ST

There are versions of this article for each State.