MOST COMMON QUESTIONS
How is Child Custody Determined in Iowa?
What is Considered an "Unfit" Parent in Iowa?
How is Child Custody Determined in Iowa?
Child custody orders are determined by several factors based on what is in the best interests of the child or children that are involved.
While many child custody issues can be resolved through the collaborative process, negotiation, or mediation, it may become necessary to present the case before a judge due to differing opinions and goals of the parents involved. In these cases, our Des Moines child custody lawyers are ready to advocate for you. The judge will use the following factors to determine what plan is best for the child(ren):
- What is in the best interests of the child(ren)
- The willingness of each parent to care for the child(ren)
- Any history of abuse, mental health issues, or criminal acts
- Which parent has been the primary caregiver of the child(ren)
Is Iowa a Mother or Father State?
What is Considered an "Unfit" Parent in Iowa?
How is Child Custody Determined in Iowa?
Any court in Iowa will always decide custody based on what is in the best interests of the child.
As long as the father has proven paternity, then he will receive the same rights to custody, support, and visitation as the mother would. While dated ideologies have always shown women to have rights to children, more modern ways of thinking have helped fathers win cases in court. This is because it is clear how important the father is in a child's life.
What is Considered an "Unfit" Parent in Iowa?
What is Considered an "Unfit" Parent in Iowa?
What is Considered an "Unfit" Parent in Iowa?
When fighting for custody, it can become emotional and intense between both parties.
This may lead them to accuse each other as being unfit. An unfit parent is seen as someone who is unable to care for a child due to multiple factors that we will discuss further below.
It is important to remember that the court has a duty to rule in favor of the child’s best interests. While you may see a concern for your child, it is important to take into consideration that any claims presented may be brought into an investigation.
The judge may assign a professional evaluator to review the allegations stated if necessary. These are a few factors of what the judge may rule as an unfit parent:
- The parent has a history of domestic violence, substance or alcohol abuse
- The parent has a mental health disorder that inhibits them from carrying out their role as provider
- The parent has not shown interest in the child life, nor have they shown the willingness to resolve their issues with the other parent