Custody

If a parent murdered the child’s other parent:

If a parent was convicted of first-degree murder of the child’s other parent, the murderer parent cannot get visitation with the child. However, the judge can make an exception if the judge decides it would be in the child’s best interest to visit the murderer parent, taking into account:

• the child’s age and maturity level;
• if the child is developmentally mature enough to agree to the visitation and the child wants to visit the parent;
• the recommendation of the child’s custodian or legal guardian;
• the recommendation of a child counselor or mental health professional who evaluated the child;
• the recommendation of the guardian ad litem for the child, if there is one; and
• any other information the judge thinks is relevant.¹

If a parent committed a sex offense against a child:

If a parent was convicted of a sex offense against a child, the judge must consider this, in addition to all of the other best interest factors, to decide if it is in the child’s best interest to visit with the parent. However, a parent who was convicted of a sex offense against a child cannot get visitation while s/he is incarcerated. The parent also cannot get visitation while s/he is on probation or parole until s/he completes any court-ordered treatment program.

If a parent is incarcerated for a sex offense against a child, this is considered a “substantial change in circumstances” that could be a reason to change (modify) a custody or visitation order.²

¹ IA ST § 598.41B
² IA ST § 598.41A