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 the parent is asking for is in the child’s best interest.¹

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

If you file to modify your order because you and the other parent disagree about the custody arrangement, the judge can require you both to participate in mediation to work out your differences. 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

Additionally, the judge can temporarily change your custody and visitation order if you or the other parent are in the military and deploying.⁴

¹In re Marriage of Federici,  338 N.W.2d 156 (Iowa 1983)
² IA ST § 598.21D
³ IA ST § 598.41(8)
⁴ IA ST § 598.301