Custody

If a parent was convicted of first-degree murder of the child’s other parent, the murderer parent cannot get visitation with the child - unless the judge believes that visits would be in the child’s best interests. To make this decision, the judge must consider all of the following things:

• the child’s age and maturity level;
• if the child is developmentally mature enough to agree to the visits;
• if the child wants to visit the parent;
• the recommendation of the child’s custodian or legal guardian;
• the recommendation of the child counselor or a mental health professional who evaluated the child;
• the recommendation of the guardian ad litem for the child, if there is one; and
• any other information the judge thinks is relevant.¹

If a parent was convicted of a sex offense against a child, the judge must consider the parent’s criminal history to decide if it is in the child’s best interest to visit with the parent. All of the other best interest factors will be considered as well. However, a parent who was convicted of a sex offense against a child cannot get visitation while s/he is incarcerated. The parent also cannot get visitation while s/he is on probation or parole until s/he completes any court-ordered treatment program.

Note: If there is a custody/visitation order in place, and then a parent is incarcerated for a sex offense against a child, this is considered a “substantial change in circumstances” that could be a reason to change (modify) the order.²

¹ Iowa Code § 598.41B
² Iowa Code § 598.41A