Des Moines Child Custody Attorney

Advocates for Child Custody and Child Support

Divorce can be very hard on your children. Our custody lawyers in Iowa are ready to help you fight for your child's best interest. Reach out to Hope Law Firm for an advocate in your parental rights. Our child custody attorneys in Des Moines can guide you every step of the way through this complex process.

Contact us now to find out more about how our Des Moines child custody attorney can help you protect your relationship with your child.

Understanding Child Custody Laws in Iowa

A Des Moines custody attorney knows that Iowa law directs that the court must order a child custody award which includes liberal visitation rights. The child will then have the opportunity for continuing physical and emotional contact with both parents. Visitation can be waived if the court deems it likely to harm the child. Below, are the basics of Iowa's child support guidelines.

Legal custody and physical custody are two distinct aspects of child custody in Iowa. 

Legal custody refers to a parent's right to make significant decisions about their child's life. This includes decisions related to education, health care, religious upbringing, and general welfare.

Physical custody, on the other hand, determines where the child will live on a daily basis. It refers to the parent with whom the child primarily resides and who handles the day-to-day care. The goal of physical custody arrangements is to provide a stable and supportive living environment for the child while allowing them to maintain a relationship with both parents.

The common types of child custody arrangements include:

• Sole custody: One parent has legal custodial rights and responsibilities.
• Joint custody: Both parents have legal custodial rights and responsibilities. This custody can exist even though a child resides with only one parent.
• Joint physical care: Both parents have joint custody and share parenting time.

When establishing the custody arrangement that is best for the child, the court’s considerations include:

• The geographic proximity of the parents
• Whether the parents agree to joint custody
• The safety of the child or the other parent
• The suitability of each parent to be a custodian
• The psychological and emotional development of the child
• The parents’ ability to communicate with each other about the child
• Each parent’s level of care for the child before and since the separation
• Whether each parent can support the other’s relationship with the child
• The child’s wishes, taking into account the child’s age and maturity

In Iowa, parents must attend a course about the effect of divorce on children within 45 days of the custody order.

What Happens If Parents Cannot Agree on a Custody Arrangement?

If parents cannot agree on a custody arrangement, the matter will be decided by the court. The court will evaluate various factors to determine what arrangement would be in the best interests of the child. This includes the child’s needs, each parent’s ability to provide care, the child’s relationship with each parent, and any other relevant circumstances. The court may also order mediation to help the parents reach an agreement before making a final decision.

Can Custody Arrangements be Modified in Iowa?

Yes, child custody arrangements can be modified in Iowa if there has been a substantial change in circumstances since the original order was established. To modify custody, the requesting parent must demonstrate that the change significantly impacts the child's well-being and that modifying the arrangement is in the child’s best interests. Examples of substantial changes include a parent relocating, a change in the child’s needs, or concerns about the child’s safety or stability in the current custody arrangement.

Iowa Child Custody Laws & Moving Out of State

The laws on relocation do not allow a parent to relocate with their child without a court order. The parent who is sharing legal custody or has physical custody cannot relocate to another state unless he or she can prove to the courts that there was a substantial change in circumstances to support the move.

Can Grandparents Seek Custody or Visitation Rights in Iowa?

In Iowa, grandparents can seek visitation rights, but custody is typically only granted under exceptional circumstances. For grandparents to be awarded visitation, they must prove that it is in the child’s best interests and that the parents are unreasonably denying them access to the child. If a grandparent seeks custody, they must demonstrate that the parents are unfit or that living with the parents would be harmful to the child’s well-being. The court will then consider whether granting custody to the grandparent is in the child's best interests.

Discuss Your Case with a Child Custody Lawyer in Des Moines

You know what is best for your children, and we know how to work with you to achieve your goals. Contact Hope Law Firm today and schedule a consultation with our child custody lawyers in Des Moines.

Recommended Reading:

• Learn More: Legal Custody vs. Physical Custody
• About Modification of Custody