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Legal Information: Iowa

Custody

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Laws current as of August 5, 2024

Are there exceptions to the home state rule?

There are exceptions to the “home state rule.” For example, it may be possible to file for custody in Iowa even if it is not the child’s home state because:

  1. the child is present in Iowa and either:
    • the child has been abandoned; or
    • the child needs emergency protection because the child, a sibling, or a parent of the child is being abused or threatened with abuse;1 or
  2. the judge determines that:
    • the child and his/her parent have “significant connections” in Iowa; and
    • there is substantial evidence in Iowa about the child’s care, protection, training, and personal relationships.2

This can be very complicated and there are additional exceptions that could apply. Please talk to a lawyer in Iowa and a lawyer in the state where your child was previously living to figure out where to file. To find a lawyer or legal aid program in your area, please visit the IA Finding a Lawyer page. If you are a victim of abuse, you can reach out to the Legal Resource Center on Violence Against Women for information.  

1 Iowa Code § 598B.204(1)
2 Iowa Code § 598B.201(1)(b)

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