Custody

If you and the other parent have not reached an agreement on all issues related to custody, then it will be up to the judge to decide. When deciding custody, the judge will look at what is in the best interest of the child and will consider all of the following factors:

• if each parent would be a suitable caretaker (custodian) for the child;
• if the child’s psychological and emotional needs and development will suffer due to a lack of active contact with and attention from both parents;
• if the parents can communicate with each other about the child’s needs;
• if both parents have actively cared for the child before and after the parents separated;
• if each parent can support the other parent’s relationship with the child;
• if the custody arrangement is what the child wants, or if the child is strongly opposed to it; Note: The judge is supposed to consider how old and mature the child is when looking at this factor;
• if the parents want or do not want joint custody;
• how far apart the parents live from each other;
• if either parent allowed a registered sex offender to care for the child or have unsupervised access to the child;
• if giving the abuser joint custody or visitation without supervision or restrictions would be a risk to the safety of the child, other children, or you; and
• if there is a history of domestic abuse as defined by the law; Note: When the judge is deciding if there is a history of domestic abuse, the judge will look at whether or not:
  • anyone filed for an order of protection;
  • there is or was an order of protection against the abuser;
  • the abuser violated an order of protection;
  • the police responded to domestic abuse;
  • the abuser was arrested for domestic abuse; or
  • the abuser was convicted of domestic abuse assault.¹

Also, if one parent stopped the child from having as much ongoing contact as possible with the other parent, without a very good reason (“just cause”), this is a “significant factor” the judge would look at when deciding custody. However, a history of domestic abuse counts as just cause.²

Note: If you left the home because the other parent committed domestic abuse, threatened you, or you feared s/he would harm you, the judge is not supposed to hold this against you.³ 

¹ IA ST § 598.41(3)
² IA ST § 598.41(1)(c)
³ IA ST § 598.41(1)(d)