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EspañolIf the judge makes a custody and visitation order I don’t agree with, what can I do?
Right after the judge enters the order, you have a few options:
- A motion for reconsideration asks the judge to decide differently. It must be based on the law or new evidence.
- An appeal explains a mistake the judge made. It moves the case to a higher court and asks that court to review the judge’s decision.
You can learn more about these options in our After a Decision is Issued section.
On the other hand, a motion or petition to change (modify) the order is a legal request that would not be filed right away. See How can I change my custody and visitation order? for more information.
All of these options can be complicated, and you may want to talk to a lawyer in your state for advice. You can find legal referrals on our IA Finding a Lawyer page.
If the other parent isn’t following the custody or visitation order, what can I do?
If the other parent doesn’t follow the order, you can file for contempt. This is true for both temporary and final orders. If the judge believes the other parent disobeyed the order on purpose, the judge can do any of the following:
- send him/her to jail for up to 30 days;
- give you extra visits to make up for any visits you missed;
- give you joint custody or change which parent has custody;
- require both parents to participate in mediation to work out joint custody issues;
- direct both parents to provide contact with the child through a neutral place or person; and
- order other specific requirements to deal with the violation.1
If you win the contempt case, the judge can order the other parent to pay for your attorney’s fees and other court costs.2
1 Iowa Code § 598.23
2 Iowa Code § 598.24
How can I change my custody and visitation order?
If you want to change (modify) your custody and visitation order, you can file a modification petition in court. However, generally, the judge will not change a final custody and visitation order unless:
- there has been a substantial change in circumstances after the final order was issued; and
- the change you are asking for is in the child’s best interest.1
Note: Moving may be a reason to modify a custody order.2 See What do I have to do if I want to move with my child? for more information.
If you and the other parent can’t agree about the custody arrangement, the judge can require you both to go to mediation. However, the judge cannot require mediation if s/he believes that:
- there is a history of domestic abuse; or
- mediation is likely to cause direct physical harm or significant emotional harm to your child, other children, or you.3
The judge can also change your custody and visitation order temporarily if either parent is in the military and deploying.4
1 In re Marriage of Frederici, 338 N.W.2d 156 (Iowa 1983)
2 Iowa Code § 598.21D
3 Iowa Code § 598.41(8)
4 Iowa Code § 598C.301
What do I have to do if I want to move with my child?
First, it’s a good idea to figure out the custody and visitation order you already have says anything about moving. Depending on how far you’re going, you may need to file in court to change your order. You might need the judge’s permission to move. In Iowa, moving 150 miles or more away from where the child lived when you got your order may be a substantial change in circumstances for the purposes of changing your order.1
If the other parent does not agree with your plan, s/he can try to convince the judge that moving is not in your child’s best interest.2
If the judge agrees to let you move, the judge can change the order to keep your child’s relationship with the other parent intact. For example, the judge can include in the order:
- longer visits with the other parent during the child’s summer vacations and school breaks;
- scheduled telephone calls for the other parent and the child;
- either or both parents to transport the child for visitation; and
- a requirement for you to post a cash bond to make sure you follow the visitation order. This might happen if the judge believes you interfered with the child’s access to the other parent in the past.1
1 Iowa Code § 598.21D
2 In re Marriage of Lower, 269 N.W. 2d 822 (Iowa 1978)
If I move to a new state, can I transfer my child custody case there?
After you get a final custody order, there may come a time when you and your children move to a different state. You can learn about transferring a custody case to a different state on our general Custody page.
Keep in mind that parents often need to get permission from a judge or the other parent to move out of state with their children. Therefore, it’s important to talk to a lawyer before you move. A lawyer can help you make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
