Iowa Child Custody and Child Visitation
Child custody and child visitation issues are some of the most emotionally draining and difficult matters to deal with in court. Iowa courts hope that parents can amicably resolve child custody and child visitation issues. If parents are unable to agree then these issues must be settled in court. To determine child custody and child visitation matters, Iowa courts will make a determination as to what is in the best interests of the child. The Iowa Code provides a list of factors that are to be assessed when determining the child's best interests. The list of factors assessed by the courts along with other rules regarding child custody and visitation are provided below. It is highly important that you be fully prepared when going through child custody or child visitation rights proceedings. As such, you should consult an Iowa child custody lawyer.
Iowa Child Custody
The best interests of the child involved are the main concern when determining child custody in Iowa. In addition to the child's best interests, Iowa courts operate under the background understanding that it is presumptively in the child's best interests to have the maximum continuing physical and emotional contact with both parents. Other factors considered when determining the child's best interests in Iowa include:
A parent in Iowa may be awarded sole or joint custody. When deciding whether to grant joint or sole custody, the courts will consider these additional factors:
Once a final child custody order has been granted, it may not be modified unless the petitioning parent can show that the custodial parent has committed domestic abuse or the court determines that the child is in direct physical harm or significant emotional harm.
The complex nature of child custody proceedings requires that you be adequately prepared before going to court. To best prepare yourself for these often long and technical proceedings, you should consult an Iowa child custody attorney in advance.
Iowa Child Visitation Rights
Visitation rights of a child are court granted rights of a noncustodial parent or nonparent to visit and spend time with the child. These rights are available to noncustodial parents and nonparents if the court deems that it is in the child's best interest. Generally, noncustodial parents are entitled to reasonable visitation rights unless the court finds that it is not in the child's best interests. If granted, the noncustodial parent will have legal rights to visit their child that may not be interfered with by another parent or individual.
In deciding whether to grant Iowa child visitation to a parent, courts will consider whether the parent has a history of child sexual abuse. Additionally, courts will also consider whether a parent has ever been convicted of murder. If a parent seeking child visitation has been convicted of murder, then a court cannot grant visitation rights unless it finds that it is in the child's best interests to grant such visitation.
Parents and nonparents seeking visitation rights should be aware that making a good case during Iowa child visitation rights proceedings is of the utmost importance. As such, it is recommended that one be in the best position possible by hiring an Iowa child custody attorney with experience working on child visitation rights.