Custodia

There are many reasons people choose not to file for custody. Some parents decide not to get a custody order because they don’t want to get the courts involved. Some parents make an informal agreement that works well for them. Some parents fear that starting a court case will provoke the other parent. They may worry that the other parent will fight for more custody or visits than they are comfortable with.

Even if the other parent is uninvolved with the child now, s/he may become involved when a case is filed in court. Also, if the other parent fights for custody, the case may drag on for a long time. This can be emotionally and financially draining. When you are in court for custody, the judge will look into many aspects of your personal life. For example, the judge may look into your mental health, criminal record, substance abuse issues, and relationships. You may prefer to keep these things private.

On the other hand, getting a custody order from a court can set out what legal rights each of the parents have, which can be a benefit. A custody order can give you the legal rights to make decisions about your child and have your child live with you. Without an order, both parents may share these legal rights, even if one parent takes care of the child daily. However, if you file for custody, the other parent may also request these rights. If you and the other parent don’t agree, the judge will decide what custody arrangement is best for the child. Under Iowa law, a temporary order of custody will also include a visitation schedule for the noncustodial parent unless the judge decides that visitation is not in the child’s best interest.¹

It’s important to get advice from a local lawyer. A lawyer can help you decide if filing for custody is best for you based on the facts of your situation. You can find legal help by going to our IA Finding a Lawyer page.

¹ Iowa Code § 598.10(1)(b)