Custody

If you want to change (modify) your custody and visitation order, you can file a modification petition in court. However, generally, the judge will not change a final custody and visitation order unless:

• there has been a substantial change in circumstances after the final order was issued; and
• the change you are asking for is in the child’s best interest.¹

Note: Moving may be a reason to modify a custody order.² See What do I have to do if I want to move with my child? for more information.

If you and the other parent can’t agree about the custody arrangement, the judge can require you both to go to mediation. However, the judge cannot require mediation if s/he believes that:

• there is a history of domestic abuse; or
• mediation is likely to cause direct physical harm or significant emotional harm to your child, other children, or you.³

The judge can also change your custody and visitation order temporarily if either parent is in the military and deploying.⁴

¹ In re Marriage of Frederici, 338 N.W.2d 156 (Iowa 1983)
² Iowa Code § 598.21D
³ Iowa Code § 598.41(8)
⁴ Iowa Code § 598C.301