Divorce Iowa Custody

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In this state, physical custody might be granted to any parent. However, in most cases, the state prefers awarding joint legal custody. As a joint legal custodian, there are rights and responsibilities for equal participation in religious instruction, extracurricular activities, education, medical care and legal status of children.

Factors considered by court in Divorce Iowa Custody

The court takes into account the following factors while determining child custody.

  • Any past record of domestic abuse
  • Due to the grant of joint custody or unrestricted or unsupervised visitation, is the security of the child or any other children being endangered?
  • The physical proximity of the residences of the children
  • Are both the parents (or one of them) opposed to joint custody?
  • Is the child acceding to the custody plan or opposing it? While contemplating this point, the child's age and maturity is important
  • Whether each parent is endorsing the other parent's relationship with the minor?
  • Whether both the parents have shown active interest in caring for the child, prior to and since the separation?
  • Are the parents capable of talking with each other about the requirements of the child?
  • Whether due to dearth of active contact with the parents and lack of attention from the parents, the emotional and psychological development and requirements of the child would be hampered?
  • Can the parent play the role of a suitable custodian to the child?

Classification of Divorce Iowa Custody

Legal Custody implies the obligation and right of a parent to make decisions regarding the upbringing of the child, inclusive of medical care and school.

Physical Custody indicates the obligation and right of a parent to have a child reside with him/her.

Sole Custody means the following.

  • One parent has both legal and physical custody
  • The other parent has visitation
Joint Custody hints that parents who do not live with one another share the responsibility of the upbringing of the child. Joint Legal Custody means the parents share the decision making responsibilities related to the child. Joint Physical Custody implies that the child spends a considerable duration of time with each parent.

The term "Split Custody" comes into the picture when the ex spouses have multiple children. One of the examples of split custody is that the father is awarded sole custody of the first child while the mother is granted sole custody of the other child. Thus, this type of custody involves separation of the siblings. The courts do not prefer this arrangement and are usually unwilling to enforce this sort of custody.

Child Custody accompanied by Visitation

A parent, who has not been awarded physical custody of a minor child, is granted the right to see the child on a consistent basis. This right is called Visitation. One of the variations of visitation is called as Supervised Visitation.

In Supervised Visitation, when the parent (who has been granted visitation rights) meets the child, the visit is supervised by a professional agency or any adult or by the parent (who has been granted physical custody). The objective of such supervision is the well being and safety of the child.

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