Custody

The judge will often favor giving parents joint legal custody. Under Iowa law, as long as it’s reasonable and in the child’s best interest, the judge must give a custody and visitation order that:

• gives your child as much ongoing physical and emotional contact with both parents as possible; and
• will encourage the parents to share the rights and responsibilities of raising the child;

unless having this kind of contact with the other parent is likely to cause direct physical harm or significant emotional harm to the child, other children, or you^.1

If the judge does not give joint legal custody, the judge must specifically explain why it is unreasonable and not in the best interest of the child so much so that it justifies ending (severing) the legal custodial relationship between the child and parent.²

If the judge gives joint legal custody, the judge can also give joint physical care if either parent asks for it. If the judge does not grant this, the judge must specifically explain why joint physical care. is unreasonable and not in the best interest of the child. Before deciding, the judge can require the parents to submit proposed parenting plans.³ See What is a parenting plan? for more information.

¹ IA ST § 598.41(1)(a)
² IA ST § 598.41(2)(b)
³ IA ST § 598.41(5)(a), (5)(b)