Child Custody Arrangements in Iowa
Sole Legal Custody: A form of guardianship of a child whose parents are divorced whereby one parent has Court sanctioned unilateral decision making rights concerning the upbringing of the child. Visitation rights may or may not be granted to the non-custodial parent under this type of child custody award.In Iowa, "Legal custody" or "custody" means an award of the rights of legal custody of a minor child to a parent under which a parent has legal custodial rights and responsibilities toward the child. Rights and responsibilities of legal custody include, but are not limited to, decision making affecting the child's legal status, medical care, education, extracurricular activities, and religious instruction. Legal custody is defined in Iowa Statute 598.1(5).
Joint Legal Custody: "Joint custody" or "joint legal custody" means an award of legal custody of a minor child to both parents jointly under which both parents have legal custodial rights and responsibilities toward the child and under which neither parent has legal custodial rights superior to those of the other parent. Rights and responsibilities of joint legal custody include, but are not limited to, equal participation in decisions affecting the child's legal status, medical care, education, extracurricular activities, and religious instruction. Joint legal custody is defined in Iowa Statute 598.1(3). In Iowa, found within an awarding of "Joint Legal Custody" will be one of the following physical placement provisions: Joint Physical Care: Joint physical care is when both parents share physical placement of the child(ren). Simply defined, joint physical care allows the child(ren) to live with each parent 50% of the time during the year. Research has shown that child(ren) need equal access to both parents and joint physical care accomplishes this challenge. Parenting schedules are established to determine when each parent has the child(ren) living with them. The most frequent joint physical care schedule is one week at moms, the next week at dads, and holidays are usually alternated. The State of Iowa, allows parents to determine what parenting schedule best meets the needs of their child(ren). Joint physical care is established in Iowa Statute 598.41(5)(a).Iowa Statute 598.1(4) states,
"Joint physical care" means an award of physical care of a minor child to both joint legal custodial parents under which both parents have rights and responsibilities toward the child including, but not limited to, shared parenting time with the child, maintaining homes for the child, providing routine care for the child and under which neither parent has physical care rights superior to those of the other parent.Iowa Statute
598.41(5)(a) currently states, “If joint legal custody is awarded to
both parents, the court may award joint physical care to both joint
custodial parents upon the request of either parent. Prior to
ruling on the request for the award of joint physical care, the court
may require the parents to submit, either individually or jointly, a
proposed joint physical care parenting plan. A proposed joint
physical care parenting plan shall address how the parents will make
decisions affecting the child, how the parents will provide a home for
the child, how the child’s time will be divided between the parents and
how each parent will facilitate the child’s time with the other parent,
arrangements in addition to court-ordered child support for the child’s
expenses, how the parents will resolve major changes or disagreements
affecting the child including changes that arise due to the child’s age
and developmental needs, and any other issues the court may require.
If the court denies the request for joint physical care, the
determination shall be accompanied by specific findings of fact and
conclusions of law that the awarding of joint physical care is not in
the best interest of the child.”
Relevant to the child custody proceedings in Iowa are the following classifications of parents:
Custodial Parent: Contrary to popular belief, custodial parent is nowhere defined or legally established under Iowa Code 598. Often times, the Child Support Recovery Unit (CSRU) considers this the parent receiving child support. The Court considers this the parent who is awarded primary physical care of the children. Non-Custodial Parent: The father or mother of a child, who supports, loves, cares, educates, disciplines, and raises their child, to the fullest extent that is allowed by Court Order. Contrary to popular belief, non-custodial parent is nowhere defined or legally established under Iowa Code 598. Often times, the Child Support Recovery Unit (CSRU) considers this the parent assigned the obligation of child support. The Court considers this the parent who is awarded visitation rights with the children.