Custody

If the judge believes there is a “history of domestic abuse,” there is a “rebuttable presumption” against the abuser getting joint custody. This means that judge will assume the parents should not get joint custody. However, a parent can try to change the judge’s mind. The parent can present evidence to show why joint custody is in the child’s best interest despite the domestic abuse.¹ 

To decide if there is history of domestic abuse, the judge will look at whether or not:

• an application for a protective order was filed against the abuser;
• a protective order was issued against the abuser;
• the abuser violated a protective order;
• the police were called for domestic abuse;
• the abuser was arrested for domestic abuse; or
• the abuser was convicted of domestic abuse assault.² 

A history of domestic abuse should be given more weight than all the other factors a judge will consider when deciding custody. ³ However, a parent who committed domestic violence could get some form of custody or visitation if the judge decides it is in the “best interest of the child.” Under Iowa law, it is assumed that it is in the “best interest of the child” to have as much ongoing contact with both parents as possible, unless the child may be harmed. “Contact” means both physical and emotional contact. “Harm” includes both physical harm and significant emotional harm.⁴

If the judge is considering giving the abuser joint custody or unsupervised visitation, the judge must consider whether these arrangements would be a risk to the safety of your child, other children, or you.⁵

If the other parent has abused your child or if you believe that your child is not safe with the other parent for another reason, you can ask for supervised or restricted visitation. The judge may order it if s/he believes that it is in the child’s best interest. See Should I start a court case to ask for supervised visitation? for more information about the types of supervised visitation generally available.

¹ Iowa Code § 598.41(1)(b)
² Iowa Code § 598.41(3)(j)
³ Iowa Code § 598.41(2)(c)
⁴ Iowa Code § 598.1(1)
⁵ Iowa Code § 598.41(3)(i)