Custody

The judge will usually favor giving parents joint legal custody. Under Iowa law the judge must give a custody and visitation order that:

• gives your child as much ongoing physical and emotional contact with both parents as possible; and
• will encourage the parents to share the rights and responsibilities of raising the child.¹

However, the judge’s order must also be reasonable and in the child’s best interest.¹

The only exception to joint custody is if having this kind of contact with the other parent is likely to cause harm to the child, other children, or you. “Harm” includes both direct physical harm and significant emotional harm.¹ A history of domestic abuse may be a reason that joint custody is not given. See Can a parent who committed domestic violence get custody or visitation? for more information.  

If the judge does not give joint legal custody, s/he must use the best interest factors to specifically explain why:

• joint legal custody is unreasonable;
• joint legal custody is not in the best interest of the child; and
• ending (severing) the legal custodial relationship between the child and parent is justified.²

If the judge does grant joint legal custody, s/he can also grant joint physical care if either parent asks for it. Before deciding, the judge can require the parents to submit proposed parenting plans. See What is a parenting plan? for more information.³

If the judge does not grant joint physical care, the judge must specifically explain why joint physical care is unreasonable and not in the best interest of the child.³

¹ Iowa Code § 598.41(1)(a)
² Iowa Code § 598.41(2)(b)
³ Iowa Code § 598.41(5)(a), (5)(b)