Understanding Custody Laws in Iowa for Unmarried Parents

Iowa Custody Laws Explained

The laws of Iowa regarding custody are designed to provide children with a stable living situation, regardless of the status of their parents’ relationship. These laws not only cover how parents will interact with their child, but where they will live, who will have decision-making authority over their lives, and how they will designate day-to-day activities. This is true for both parents who are married, as well as unmarried couples. It is important to consider these laws in conjunction with state child support laws, as court orders related to child custody and child support in Iowa are mostly linked .
There are two custodial classifications:
Key terms related to Iowa custody laws:
Legal custody vs. Physical custody
There is a distinction between legal and physical custody in Iowa, and it is important for parents to understand how one differs from the other:
Legal vs. Sole Custody
Custody may be further divided into joint or sole arrangements, leading to important differences in the rights and responsibilities of each parent. One parent will not have sole custody in Iowa unless it has been specifically granted by the court, and the preference of the court is to create a joint custody arrangement whenever possible.

Unmarried Parent Rights Under Iowa Law

When it comes to the rights of unmarried parents, Iowa law is very specific regarding child custody and parenting time with these children. Just because parents were never legally married doesn’t mean that they have no rights whatsoever and it doesn’t mean that they will have the same rights as parents who have been through the legal marriage process.
For the purposes of Iowa law on child custody and parenting time, Iowa courts have differentiated between two kinds of "unmarried parents": first, those parents who share physical custody of the child and agree on a parenting time schedule; and second, those parents who do not share physical custody of the child and do not have an agreed upon parenting time schedule.
If you are one of those "unmarried parents" who shares a residence and primary care of your child with your ex or your ex-friend, then you are treated by the Iowa courts like any other legally married parent. The court will treat you and your ex as though you have legal custody of your child in common and an agreed upon parenting time schedule established.
The problems come when parents do not share physical custody of a child and their relationship is much more contentious. In this case, the Iowa courts will not grant equal parenting time to both parents. Whatever parenting time schedule the court establishes, it will be in favor of one party – usually the party with whom the child has predominantly lived. If you hope to overcome this obstacle to an equal parenting time schedule, you need to consult a lawyer.
When it comes to custody and parenting time, the Iowa courts are completely focused on the best interests of the child. It doesn’t matter if the parties share joint legal or physical custody or if they have separate parenting time schedules as parents living apart. What matters more than anything else is, "What is in the best interest of the child?" In other words, what is best for that particular child, at this particular time in that child’s life? The court looks to a number of factors to determine the answer to this question, including, but not limited to:
The bottom line in child custody and parenting time is that it never matters what you, as an unmarried parent, want. What matters is what is best for your child. Most importantly, it doesn’t matter whether or not you view your ex as a good parent or a bad parent. You and the court are not going to decide custody based solely on this factor. This is a seriously mistaken impression that many unmarried parents have. A judge in a child custody case isn’t going to look at which parent got the job done the best. The court is going to look at what you both, as the parents, can do to benefit the child moving forward.

Proving Paternity to Pursue Custody

For unmarried parents, the first step in starting a custody action in Iowa is establishing legal paternity. The key point to understand is that for all unmarried parents, there is no presumption as to the legal father of a child under 28 Iowa Code Chapter 600B (Paternity 1-9). Put simply, there is no presumption that an unmarried mother’s husband is considered the child’s father. The request to adjudicate paternity is governed by Iowa Code Section 600B.41. Because the action is a special statutory remedy, the parties will be brought into court as will the Child Support Recovery Unit of the Iowa Department of Revenue (for child support purposes). Who are the parties? Under Iowa Code Section 600B.4, "The parties to actions brought under this chapter are the person bringing the action, the person alleged to be the father, the child, and an individual whom the court may make responsible for attorneys’ fees." Establishing paternity is uniformly required for unmarried parent custody actions. Parental rights involving school children require establishing that a party is a legal parent of a child under Iowa Code Section 600B.41(6): "The person or persons found to be the father or mother of the child shall have all of the rights and duties of parenthood subject to chapter 600A requiring an affidavit for release of information, chapter 598B, and chapter 600A[.]" This includes establishing legal rights to legal custody, physical custody, or joint custody or conventing visitation to joint physical custody along with the associated parenting time and child support obligations. Requiring the establishment of paternity is fair to both sides. It avoids the situation often seen with a party representing themselves in court where a child’s mother or father claims that the party is the father of their child when in fact they may not be. It also protects the mother’s right at an appropriate time to be free of involuntary contact with the alleged father and the father’s family in less-than-equitably shared physical care or joint physical care situations where one parent requests full legal custody. Legal liability for child expenses also includes future issues like college tuition. These long-term issues can be avoided through paternity establishment at the outset. If paternity is not established soon enough for the immediate custody or parenting time action, then a separate paternity adjudication is the next step. Once legally declared to be a parent, the party becomes subject to Iowa Code Section 598B (child and spousal support enforcement). Paternity is also a prerequisite to filing a post-nuptial divorce or child abandonment action under Iowa Code Section 600B.41(8) (i.e. 8 years after the cause of action has accrued). Keep in mind that even if a party is deemed the legal parent of a child, they may be required to submit to a DNA test or cooperate with a court-ordered paternity determination process.

Key Considerations in Determining Custody

Iowa courts, in deciding custody between two unmarried parents and other custody cases, always start with what is in the best interests of the children. They then weigh the particular characteristics of each parent and each child involved, and determine what custody arrangements fit those specific needs. These are very fact-specific, and each custody and visitation case is unique. In making this determination, Iowa courts weigh the following when considering joint or sole physical care, or joint or sole legal care:
· Care of the child before and after the dissolution of the marriage (or determination of paternity);
· Preferences of the child;
· Past and present relationship of the child with parent(s)
· Domestic violence issues, if any exist;
· Parenting skills and capabilities of each parent;
· Whether each parent agrees to joint legal custody (a must for joint physical care of the child);
· Support system of parenting, such as extended family members living nearby;
· Emotional, mental and physical needs of the child, and how well each parent can meet those needs;
· Stability of the residential environment of the child, particularly if the child is to be placed with one parent over another. The more stable a household, the better, but not decisive to the claim for custody;
· Work schedule and responsibility of each parent, and whether that would make a difference in the future;
· Any other factor that is relevant.

Seeking Custody as an Unmarried Parent

Both married parents must agree to divorce and seek to enforce it with the court, or else one of them must file for divorce. If the marriage between a couple has not happened yet, there is no divorce, but only a breakup or separation. Courts in Iowa assess custody arrangements for unmarried parents in an identical manner as they do for married couples. Parents seeking to have a judge address their separate circumstances are required to file petitions seeking custody at their local courthouse.
Unmarried parents seeking custody of minor children must file separate petitions for custody at their local courthouse. These petitions should be filed in the district court where the parents lived together when the marriage ended or the couple separated. Documents should be filed separately because the court does not group unmarried couples with divorce cases for processing.
The appropriate documents that unmarried parents must file include a petition seeking to establish paternity , and a petition seeking to establish custody. Paternity petitions address the issue of parenthood, while custody petitions address the issue of child custody. These petitions must state the facts argued by each parent. Unmarried parents may be eligible for help in filing petitions for custody if they refer to paternity and custody petition forms offered by their local courthouse. These forms explain what information must be filed and how the process exactly works.
There is no requirement that parents hire attorneys to file petitions seeking custody, but in most situations, it is in their best interests to seek representation. Attorneys help parents navigate the legal process, avoid potential mistakes, and best present their arguments for the considerations of the judge assigned to their case. Parents, however, are responsible for knowing the laws governing paternity and custody cases. Parents should contact the closest family law practice to get more information.

Modification of Custody Orders

Iowa law allows custody arrangements for unmarried parents to be modified, but certain conditions must be met. Changes to custody orders are even more extreme than other modifications, which do not require either party to show proof that the adjustment is necessary or in the best interests of the child.
Modification of an unmarried parent’s custodial agreement is only appropriate if one of three things occurs:
If a parent or a third party files a petition to change the current schedule or to establish a new schedule, they must file the petition in the Juvenile Court in the county where the child resides. Within three days of filing, the petitioning party must serve notice to the other parent or party so that they have the opportunity to respond to the requested change.
If the judge feels that an emergency exists where the child is at risk of getting hurt or removed from the state by the parent who currently has custody, the court can issue a temporary order that dictates the child’s location and the current parent’s actions until a hearing date.
At the time of the hearing, the court will consider a match between the requested change and the best interests of the child. Judges will then rule on whether a change will occur or if the first order should stand.

Legal Resources and Support

While custody cases can often feel isolating, there are a number of resources available in Iowa that can help you to navigate the legal system. The Iowa Bar Association is one of the best resources for finding information on custody laws and guidance for your specific situation. Their website offers various resources on family law, including FAQs, articles, and referrals to family law attorneys in your area . You should also reference Iowa Legal Aid, which can direct you to legal aid societies in your local area that can represent you if you’re unable to afford an attorney.
The Iowa Department of Human Services also offers an in-depth "Guide to Child Custody" that outlines how child custody is determined in Iowa, child custody factors, parenting plans, and much more. The Guide also offers a glossary of legal terms, so that you can speak in legal terms at ease throughout the custody process.