Custody

If you and the other parent cannot agree about all issues related to custody, then the judge will decide. S/he must figure out what is in the best interest of the child by considering all of the following factors:

• whether each parent would be a suitable caretaker (custodian) for the child;
• whether the child’s psychological and emotional development will suffer if s/he does not have active contact with both parents;
• whether the parents can communicate with each other about the child’s needs;
• whether both parents actively cared for the child before and after the parents separated;
• whether each parent can support the other parent’s relationship with the child;
• whether the custody arrangement is what the child wants, or if the child is strongly against it; Note: The judge is supposed to consider how old and mature the child is when looking at this factor;
• whether the parents want or do not want joint custody;
• how far apart the parents live from each other;
• whether either parent allowed a registered sex offender to care for the child or have unsupervised access to the child;
• whether giving the abuser joint custody or unsupervised visitation would be a risk to the safety of the child, other children, or you; and
• whether there is a history of domestic abuse as defined by the law; - see Can a parent who committed domestic violence get custody or visitation? for more information.¹

Also, the judge will look carefully at how much contact each parent has allowed the other parent to have. This is a “significant factor” the judge would consider when deciding custody. A parent must have a very good reason (“just cause”) for not allowing the other parent to have as much contact as possible with the child. However, a history of domestic abuse counts as “just cause.”²

Note: If you left the home because the other parent committed domestic abuse, threatened you, or you feared s/he would harm you, the judge is not supposed to hold this against you.³ 

¹ Iowa Code § 598.41(3)
² Iowa Code § 598.41(1)(c)
³ Iowa Code § 598.41(1)(d)

You can usually only file for custody in Iowa if Iowa is your child’s “home state.” However, there are exceptions to the home state rule.

Iowa usually qualifies as your child’s “home state” if:

• your child lives in Iowa and has lived in Iowa for the last six months in a row;
• your child is no longer in Iowa, but:
  • Iowa is the last state where your child lived for at least six months in a row; and
  • one of the child’s parents still lives in Iowa; or
• your child is less than six months old but has lived in Iowa from birth.¹

Leaving Iowa for a short period of time, such as going on vacation, usually does not change the child’s home state.²

¹ Iowa Code §§ 598B.201(1)(a); 598B.102(7)
² Iowa Code § 598B.102(7)

You have a right to file for custody and to access the court system without a lawyer. However, child custody cases are often very complicated. It may be difficult for you to file a proper petition and go through court hearings without the help of a lawyer. Also, if the other parent has a lawyer it may be harder for you to represent yourself.

To find a lawyer or legal aid program in your area, please visit our IA Finding a Lawyer page. If you are a victim of domestic violence, it’s important to have a lawyer who is knowledgeable about domestic violence and custody matters. For a list of questions to ask before you hire a lawyer, you can read How do I pick the right attorney? What questions do I ask? in our Choosing and Working with a Lawyer section.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may help you.

The judge may appoint one or more of the following professionals in your case:

• guardian ad litem;
• attorney for the child;
• child custody investigator; or
• child and family reporter.¹

A guardian ad litem is a lawyer assigned to represent the best interest of your child.² His/her job is to convince the judge to do what s/he thinks is in the child’s best interest. 

An attorney for the child is a lawyer assigned to represent your child.³ His/her job is to convince the judge to do what his/her client, the child, wants. 

A guardian ad litem and an attorney for the child may do many of the same things in the court case, including:

• interview the child and the child’s parents or guardian; 
• have regular contact with your child while the case is going on;
• interview your child’s teachers, doctors, or other service providers and review and copy relevant records;
• attend the court dates; and
• file papers, present evidence, question witnesses, and otherwise fully participate in the hearings.⁴

A child custody investigator or child and family reporter is a professional assigned by the judge to get information about things related to the child and his/her best interest, including each parent’s home conditions and parenting abilities. The investigator or reporter writes a report and submits it to the court. The parents and their lawyers can also read the report. Usually, this report becomes part of the court record in the case.⁵

If the judge assigns any of these professionals to be part of your case, one or both of the parents may have to pay for it. However, the county may pay if a parent’s income is below a certain amount.⁶

¹ Iowa Code § 600B.40(4)
² Iowa Code § 598.12
³ Iowa Code § 598.12A
⁴ Iowa Code §§ 598.12; 598.12A
⁵ Iowa Code § 598.12B
⁶ Iowa Code §§ 598.12; 598.12A; 598.12B