Custody

A parenting plan describes the custody and physical care arrangement and spells out when each parent will have time with the child.¹ Parents can come to an agreement on their own and submit an agreed parenting plan to the judge. However, if the parents cannot agree, each parent can submit their own proposed plan. Then, the judge will decide and make the order.

If a parent is asking for joint physical care, the judge may require the parents to submit proposed parenting plans that 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;
• how each parent will facilitate the child’s time with the other parent;
• how the parents will share expenses in addition to court-ordered child support;
• 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.²

The court has parenting plan forms you can use if you don’t have a lawyer. Find links to get the divorce and custody forms on our IA Court Forms page.

If you are a domestic violence survivor, the parenting plan needs to be safe for you and your child. The best way to get help making a safe plan is to speak with a lawyer who knows about custody and domestic violence. Go to our IA Finding a Lawyer page for legal referrals. However, if you’re on your own without a lawyer, you may find it helpful to read 10 Things to Know About Parenting Plans in Cases Involving Domestic Violence.³

¹ See IA R 17.200-Form 229, Form 230; IA R 17.400-Form 429, Form 430.
² IA ST § 598.41(5)(a)
³ See 10 Things to Know About Parenting Plans in Cases Involving Domestic Violence by Melissa Mangiaracina, JD, National Council of Juvenile and Family Court Judges (2019)