If a married or unmarried couple has children under the age of 18, the courts play a significant role in deciding child custody. Even when the couple develops amicable arrangements for child custody, the court must approve them.
These decisions have a lifelong impact on your child and your family. The most common type of child custody arrangement is based on the two types of child custody under Iowa law.
Two Types of Child Custody Arrangements
In Iowa, the law breaks child custody into two primary areas – legal and physical care. Additionally, there are two types of legal and three types of physical custody. The combination of these types of custody will vary. The court considers the couple’s request and the best interest of the child and the family.
Legal custody refers to the parent’s right to make decisions on behalf of the child. For example, legal custody gives the parent or parents the legal right to make decisions about education, religious affiliation, and medical care. Physical care is the right to maintain a living arrangement with a child.
Legal Custody
- Joint legal custody: In this instance, parents have equal legal rights to decide about the child. Neither parent has legal custody rights that are superior to the other parents. Joint legal custody does not define how much time the child spends with each parent.
- Sole legal custody: In this case, one parent is given the legal right to make decisions in the child’s best interest.
Physical Custody
- Joint physical custody refers to joint physical care or shared physical care, in which the child lives with both parents at different times. The court decides the amount of time in each parental home.
- Primary physical custody: This refers to physical care provided by one parent. The child lives with that parent and the non-custodial parent is usually granted visitation. The criteria for visitation are determined by the court and included in the child custody agreement.
- Split physical custody: In this arrangement, each parent is the primary caregiver for one child. In other words, the court separates siblings so each parent has primary physical care of one child or equal numbers of children. This arrangement is uncommon as the court does not like to separate siblings.
What’s the Most Common Child Custody Arrangement?
Under Iowa law, the court must consider the request if either parent asks for joint custody. Judges consider several external factors to make their decision, including but not limited to:
- The child’s physical and mental age and mental health
- The maturity level of the child
- The ability of each parent to meet the needs of the child
- The mental and physical well-being of the parents as well as their character and stability
- The relationship between the child and siblings and the child and parents
- The geographic proximity of the parents
- Any history of domestic abuse
- Safety of the child and other children
- If both parents actively cared for the child before and since the separation
- The parent’s ability to communicate with each other concerning the child’s needs
While the judge must consider these factors, it is most common for joint legal custody to be awarded to both parents. There are circumstances where sole legal custody may be awarded. These include when a parent’s mental health may affect how the children are raised. A parent’s substance abuse, violent or abusive behavior, or history of domestic abuse also impacts a decision for sole custody.
Conversely, it is more common for Iowa courts to award primary physical custody to one parent and generous visitation to the other. However, if parents can demonstrate that splitting time between the homes is in the child’s best interest, the court may award joint physical custody.
Consult with a Cedar Rapids Child Custody Attorney
The decision to seek sole custody or primary physical care is a decision that can only be made based on the facts of the case. There may also be events following that will necessitate modifications to the child custody agreement.
For example, if the custodial parent goes on active duty or there’s a significant change in the custodial parent’s health. Creating and negotiating child custody agreements can be an emotionally challenging process. You want an experienced child custody attorney on your side to fight for your rights and the rights of your children.
If you or someone you know is struggling through a child custody situation, contact the Iowa child custody attorneys at Arenson Law Group, PC by calling (319) 363-8199 to get help today. You can schedule your initial consultation, during which we will answer your questions and offer you the best advice on your path forward.
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