Custody

A parent who committed domestic violence could still get custody or visitation if the judge decides this is in the “best interest of the child.” Iowa law says the “best interest of the child” means that the child has as much ongoing physical and emotional contact with both parents as possible unless direct physical or significant emotional harm to the child may result from this contact.¹

The judge must consider 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.² The judge must also consider if there is a history of domestic abuse as defined by the law against you, the child, or any other family or household member.³ 

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.⁴ 

If the judge believes there is a history of domestic abuse, the judge will assume the parents should not get joint custody. However, a parent can try to change the judge’s mind. The parent can present evidence to show why joint custody is in the child’s best interest despite the domestic abuse.⁵ If the judge is thinking of giving joint custody when both parents don’t agree to it, a history of domestic abuse is the most important factor to consider. It outweighs all the other factors listed in How will the judge make a decision about custody?⁶

If the other parent has abused your child or if you believe that your child is not safe with the other parent for another reason, you can ask for supervised or restricted visitation. The judge may order it if s/he believes that it is in the child’s best interest. See Should I start a court case to ask for supervised visitation? For more information about the types of supervised visitation generally available.

¹ IA ST § 598.1(1)
² IA ST § 598.41(3)(i)
³ IA ST §§ 598.41(3)(j); 236.2(2), (4), (5)
⁴ IA ST §§ 598.41(3)(j)
⁵ IA ST § 598.41(1)(b)
⁶ IA ST § 598.41(2)(c)