Co-Parenting in Iowa

The resources on this page contain valuable information about co-parenting and are specifically related to families that are co-parenting in Iowa

Co-parenting in Iowa can be challenging but is necessary if you are a parent with minor children, and are getting a divorce.

The child suffers the most and is most affected by a divorce, hence the courts in Iowa take steps to reduce the negative effects on the child and give the child the chance of a normal life. Parents getting a divorce are mandated to take a court-approved Co-parenting or Educational Class.

The courts will prefer to award shared legal custody as long as it is in the child’s best interests. However, when parents cannot agree on who gets custody, the court will make the decision for them based on factors that determine what is in the best interest of the child. Some helpful resources are listed here for Co-Parents in Iowa:

CUSTODY AND VISITATION IN IOWA

The State of Iowa prefers to award shared legal custody if it is in the child’s best interests and based on particular, predetermined factors that define the child’s best interests.

Split physical Custody while not favored by the court is still practiced in some instances. The children’s physical custody and primary care are divided between parents in this situation. This would mean that siblings would have to live apart from each other.

The basic elements of child custody include; physical and legal custody, and while physical custody refers to where the children will live, legal custody determines who makes decisions on behalf of the minor child

Judges in Iowa refer to the IOWA CODE 598.41 when making custody decisions, and would only act in the child’s best interest as per this law.

Getting custody is possible even where there is a CINA case open if parents want to have it in place. The law also has the bridge order option available if parents cannot afford to start a divorce or custody case.

When parents cannot agree on who gets custody, the court will make the decision for them based on factors that determine what the best interest of the child are. The judge listens to the preferences of the child and the rationale behind them if the child is old enough.

When parents have joint custody, neither parent has legal custodial rights superior to those of the other parent

A Custody Order can be Modified if either of the parents requests it, however, a judge will have to approve the change. The decision by the judge would be based on a substantial change in circumstances that happened after the order had been made.

In a Mediation Session, the parties meet with a mediator, a trained third party, to try to work out an agreement. Sometimes it is required before you have a hearing in a family law matter

Parents are Legally Obliged to Support Their Minor Children. the obligation may include support for a child of any age who is dependent on the parties because of physical or mental disability or if the child is between ages 18 and 19 but is still engaged in full-time education.

The Child Support Recovery Unit is involved in establishing and enforcing state and federal laws about child support

A Parent’s Remarriage doesn’t directly impact child support, but it can bring other changes in financial circumstances that do affect child support. Iowa courts can modify child support when there’s been a substantial change in circumstances

Law enforcement may enforce orders that already exist, but they cannot make new orders, and will not usually get involved in custody or visitation disputes between parents unless there is a court order or if the child is at risk.

A father’s relationship with his child in Iowa will not be threatened or diminished by unfair custody and visitation rights.

The participation of a Father, in making important decisions for the child may be limited until paternity is established, if parents are not married at the time of a child’s birth.

Paternity in Iowa is established by marriage, by affidavit of paternity, and a paternity order.

To Establish Paternity, the court may, of its own volition or at the request of one of the parents, require both parents to submit to blood or genetic tests. The parent requesting testing must file a written motion with the clerk of court and provide copies to the other parent.

A Grandparent or Great-grandparent in Iowa can ask a court to grant visitation with their grandchildren or great-grandchildren only in the parent of the child in question is deceased. The child’s parents decide who sees the child if they are alive, and a grandparent has no right to visitation in this case.

The Judge Determines a child’s maturity and the court will consider a child’s preference if the child is both old enough and mature enough to have a meaningful opinion on custody.

A Custodial Parent cannot move the child to a distance that would cause hardship for the noncustodial parent without first getting a new custody order

An Involuntary Parental Right Termination will be considered and effected if a parent is proven to be an unfit parent for the child. However, the court will only terminate the rights of a parent if someone else is ready to step in and replace them

A Guardian ad litem should be unbiased, and present what he or she truly thinks is what is in the best interests of the children. He or she has regular contact with the child and bases decisions on private conversations they have with them.

Asking a judge to revise or enforce your custody order is only practical when Custody order violations are severe and you have enough documentation to make a case

The Iowa Coparenting Agreement or Custody Arrangement usually includes a custody order and a parenting schedule

Legal Information on child custody related issues

LAWS

Custody of minor children is generally determined by the Iowa State Child Custody laws. see § 598.41 et seq.

Iowa Child Custody Law summary

Iowa Child Custody Guide

SELF HELP

Tips for finding a good child custody lawyer in IOWA, are necessary because the stakes are high, and the Iowa child custody laws and procedures are also complex.

Iowa Child Custody Lawyer Directory

Iowa Child Support Lawyer Directory

Polk County, Iowa Family Court Child Custody Information and Self-help forms

Iowa Self-Help Court Forms

Court Directory | Iowa Judicial Branch

Iowa Self-Help Parenting Plan form

Frequently asked questions on Custody and Visitation

Calculating Child Support in Iowa

Child custody and visitation forms for unmarried parents

OTHER RESOURCES

Child Support Payment amounts vary dramatically from state to state. A parent in one state may pay or receive up to three times as much as a parent in an identical situation who lives in another state—and the differences don’t depend on the cost of living. However, the state that first established a child support order keeps control of the case

The court will seriously consider a user’s comments on a social media site in a family law case

Parenting in Blended Families is easier if you know what to expect and are prepared to be flexible.

Blended Families can build a successful family unit if they know how to overcome the unique challenges that a blended family presents and if they understand stepfamily dynamics.

TAX CREDIT DECISIONS IN IOWA

Only one Parent may claim a child as a tax dependent after a divorce or separation and the custodial parent is usually given preference however in some situations, the non-custodial parent may be able to claim the child on taxes.

Divorced, Never Married and Non-traditional Families and Tax Credits

How much is the child tax credit in 2023? Tax Tips for Parents in Iowa