Iowa Divorce Tips
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Some useful Iowa Divorce Tips
- The court does not grant visitation rights to a parent, who has been convicted of murder in the first degree of the other parent, except when the court concludes that the visitation rights are in the best interests of the child
- Prior to granting visitation rights to a parent, the criminal history of the parent is checked with respect to the following
- The Criminal offense against a minor
- Sexual exploitation of a minor
- Sexually violent offense against a minor
- In case a parent has been granted physical or legal custody of a child, but cannot perform the role of a custodian, due to reasons like those mentioned below, then, the court grants physical or legal custody to the surviving parent, except when the court concludes that such a grant is not in the bests interest of the child
- The parent dies
- The parent has been judicially adjudged incompetent
- Consider that the divorcing partners have more than 1 child and the court has granted each partner, the physical custody of more than 1 child. Further, if the parties make an application and each court concludes that it is in the best interest of the child and reasonable, then, the court can pass orders as per which the divorcing parties have to make arrangement for visitation between the siblings
- On awarding joint legal custody to both the parents, either or both parents might request for joint physical care. In this case, the court demands a proposed joint physical care parenting plan either jointly or individually. This plan comprises of the following information
- How the parents intend to provide a home for the child?
- How the parents would make decisions that impact the life of the child?
- How the time of the child would be bifurcated between the children?
- Plan for the expenses of the child in addition to child support
- How each parent would facilitate the time of the child with the other parent?
- Both parents have legal access to data pertaining to their child (like educational, medical, law enforcement records). However, the court might order otherwise in the custody decree
- As per Chapter 598.36, the court might grant the fees of the lawyer to the prevailing party in an amount that is considered to be reasonable by the court. This is applicable in case of a proceeding for the modification of an order or decree
- A petition may be filed in the District Court by the grandparent or great grandparent for availing grandchild or great grandchild visitation rights. Following this, the court might award these rights if it finds that the grandparent or great grandparent has cemented a considerably dense relation with the child before the filing is done and it is in the best interests of the child to have such a visitation
- As per Section 598.33, the court, notwithstanding Section 561.15, can issue orders to any party to vacate the homestead, even while the Decree of Dissolution is pending, if it is proved that the other party or the children are facing a peril of physical abuse
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