Cedar Rapids Joint Custody Lawyers

As parents, there is no greater calling than caring for our children and training them in the ways of life, even after divorce separates a family. Divorcing spouses in Iowa may pursue joint custody, which allows them to share parental rights and responsibilities. Many children in the Cedar Rapids area thrive under these commonplace arrangements.

The Cedar Rapids child custody lawyers at Arenson Law Group, PC understand the intense emotions accompanying any child custody case. As an open-minded team with a small-town approach, we provide compassionate, firm, and knowledgeable representation to parents in Cedar Rapids and eastern Iowa. For a consultation, contact our office today at (319) 363-8199.

Types of Joint Custody in Iowa

There are two distinct types of child custody in Iowa. They are:

• Physical care – A child will live with a parent who has physical care over them. Parents with physical care rights are also responsible for providing for their children’s fundamental needs, such as food, hygiene, and clothing.
• Legal custody – Parents with legal custody maintain the right to decide on the child’s behalf for as long as they remain a minor. More specifically, they will have a place in discussions on the child’s education, healthcare, and religious upbringing.

Physical care and legal custody can go hand-in-hand with each other. However, the court may determine another outcome is better for the children. Other possible custody awards include:

• Joint legal custody – Both parents may decide on the child’s behalf until they turn 18.
• Joint physical care – The children will live with each parent based on a regular schedule.
• Split physical care – In rare cases, the court may decide to give each parent physical care over different children. A split physical care order must include provisions for the children to visit each other.
• Primary physical care with joint legal custody – One parent will have physical care over the children, while both parents can decide for the child.

Making Joint Custody Decisions

Iowa Code 598.41.1(a) states that courts must make custody decisions in children’s best interest. This includes giving the children contact with both parents, except when it would put them at risk of physical or emotional harm.

In practice, Iowa judges prefer to award joint physical care or joint legal custody that reflects the child’s best interest. However, they must consider certain specific factors the law outlines, including:

• Did the parents agree to a joint custody arrangement?
• Would the parents be a “suitable custodian” for their children?
• Would a lack of attention from both parents harm the child’s mental and emotional health?
• How do the parents communicate with each other about their children?
• How did the parents care for their children before and during marital separation?
• Can each parent adequately foster the child’s relationship with the other parent?
• How do the children feel about the custody arrangement? Do they desire joint custody, or are they against it?
• What is the geographical distance separating the two parents?
• Would joint custody be unsafe for the children or a parent?
• Is there a history of domestic abuse in the household?
• Has a parent knowingly allowed a registered sex offender unsupervised access to the child?

If a court determines that joint physical care and joint legal custody are inappropriate, they may award one parent sole physical care and grant visitation to the other parent. By state law, a judge can only award sole legal custody if there is clear and convincing evidence that joint legal custody would not be in the child’s best interest.

Changing Joint Custody Agreements

Family situations change over time. If a parent believes that their current child custody arrangement is insufficient, they may use Iowa’s modification process.

The process begins when you, through your legal team, submit a petition to the court requesting the change and outlining your rationale. You must prove that a “substantial change in circumstances” occurred, which may include:

• A party’s financial status has changed (employment, earning capacity, income, medical expenses, etc.)
• A party received an inheritance, pension, or another monetary gift.
• A party’s physical, mental, or emotional health has changed.
• A party gets remarried or has new children.
• A party’s residence has changed.
• A child’s physical, emotional, or educational needs have changed.

You must also prove that making the change would be in the child’s best interest.

Enforcing or Changing Joint Custody Arrangements

Once a child custody order is issued, both parents must abide by it. If a parent violates a custody order, the other parent may file a motion with the court. With sufficient evidence, the court may hold a violator in contempt.

While contempt of a court order carries a 30-day jail sentence, a judge may modify the child custody agreement as an alternative. They may also order both parents to attend sessions with a mediator and negotiate a final outcome.

How We Can Help

Family lawyers Justin D. Riem and Alexandra N. Doner represent parents at all stages of the child custody process. They can help with:

• Building custody petitions – The custody process often involves negotiations between parents’ legal teams. If you’re seeking joint physical care or legal custody, we’ll fight for your best possible arrangement.
• Enforcing or modifying custody arrangements – Modifying child custody arrangements in Iowa is a strict process. We will work with you to gather the evidence you need and represent you in mediation if the court requires it.

Contact a Cedar Rapids Joint Custody Attorney Today

The Cedar Rapids joint custody attorneys of Arenson Law Group, PC are ready to answer your legal questions and defend your parental rights. Contact our office today at (319) 363-8199 for a consultation with one of our team members.

Written by James H. Arenson