Iowa’s Child Custody Laws for Unmarried Parents Explained

An Introduction to Iowa Child Custody Laws

Iowa’s custody laws are established under Iowa Code Section 598.41. The law describes the legal framework and factors that our Courts must consider in determining how to best allocate custody between parents of a minor child. Under Iowa’s current laws, judges are directed to input statutory factors into their decision on whose home time should be allocated for the children. A judge then decides what is best, on balance for the child, the custodianship. They are granted a great deal of discretion in deciding who the better custodian is.
There are two main types of custody under Iowa law—physical custody and legal custody. Legal custody is simply who has the right to make major decisions regarding the child’s welfare, education, and health. Legal custodians have final say over the child’s affairs, and that person may or may not be the same individual with whom the child resides on a day-to-day basis. In other words, physical custody and legal custody are distinct for Iowa law.
Physical custody, on the other hand, is much closer to what most people would think of as custody. Physical custody grants the parent residential care of the child for on-going periods of time, which can be explained in a detailed court order. Legal custody has little to do with how one parent or the other sees the child from day to day and takes on a much broader view .
Unlike other states that treat joint physical custody as the default arrangement because it gives a child exposure to both parents, in Iowa joint physical custody is the exception rather than the rule. In general, a judge must find that both parents are able to competently share custody of the child for physical care to be appropriately ordered in joint fashion. Our judges, when deciding which parent to award custody, give great weight to each parent’s living situation, parenting style, and capacity to provide nurturing for the child in a stable, consistent manner.
Iowa law dictates the statutory forms for a child custody order, which are always finalized at trial. In plain English this means that a Court looks at all of the facts in a case and makes a decision that it feels is in the best interest of a child. There are some limitations in how much flexibility a judge has in making that decision, but we will save that discussion for a later post.
Depending on if you are married to each other or unmarried, parents can be subject to different legal rules in Iowa courts. In fact, the laws differ significantly between married and unmarried parents in the state. Some of these differences may be concerning to someone who was not married to the other parent of their child at birth, and they are not aware of how the laws work. In fact, it is often the unmarried father that suffers from uncertainties in how he can obtain access to his children when he is not living with them. We’ll address some of those issues in a later post.

Definition of Unmarried Parents in Iowa Law

Definition of Unmarried Parents in Iowa: Understanding Your Options
For purposes of Iowa law, parentage is defined as "parent-child relationship that exists between a child and the natural or adoptive parents of that child." Parental obligations are defined as:

"(a) The duty to care for, maintain, financially support, protect, train, and educate the child with reasonable skill, care, and foresight. (b) The duty to supply the child with food, clothing, housing, education, and medical and dental care if the duty has not been otherwise allocated by court order."

The legal definition of "unmarried parent" is taken from Iowa Code chapter 600B, Section 2(11), which states that unmarried parents means, "a man and woman committed to each other in a serious romantic relationship out of wedlock. Whether cohabitating is a factor is a case-by-case determination, as it will depend on each individual circumstance.

An additional Iowa statute which is pertinent to decision making regarding children is Chapter 598A, the Uniform Child Custody Jurisdiction and Enforcement Act, Parentage Act, and Uniform Interstate Family Support Act. This law provides definitions and procedures for how parentage is decided.

It’s important to note that parentage laws in Iowa have changed considerably in recent years, and this is particularly true in terms of provisions for custody. Today’s society has seen a rise in non-traditional families, including families in which parents are unmarried. In these circumstances, custodial decisions are made based on what the state determines are in the best interests of the child. For these determinations, Iowa courts look at the "totality of circumstances," and as such, previous standards may not be as directly applicable.

Similar to how marital custody issue are handled, custody determinations involving unmarried parents in Iowa are made under the additional instruction of Iowa Code Chapter 598B, titled "Child Custody and Visitation Determination."

Iowa code section 598B.2 defines the "best interest of the child" as follows:

"Best interest of the child" means the interests of the child which are to be accorded paramount consideration by the court in determining legal custody, physical care, and visitation pursuant to this chapter.

In determining the basis for custody and visitation between parents, the court shall consider the following:

(1) Any history of domestic abuse by one parent against the other or of either parent’s partner against a child. If such a determination is made, by preponderance of the evidence a rebuttable presumption arises that joint legal custody or physical care is not in the best interest of the child.

(2) Whether a supportive relationship with both parents will be stressed and preserved.

(3) Whether the child has a significant and caring relationship with each parent.

(4) Whether the child’s age and maturity make it appropriate for the court to consider the child’s wishes regarding physical care.

(5) Whether each parent is actively involved in the child’s life.

(6) The impact on the children in a custody decision from any party’s absences from the home or from the home area.

(7) The residence of the parents.

Paternity and Legal Rights of Unmarried Parents

For the purposes of custody determinations under Iowa law, the term "parent" does not generally include a parent not married to – and not living with – his or her child. As such, an unmarried parent may not have the same legal rights as a married parent unless parentage is established through the courts. For purposes of custody and visitation orders, parentage can be established in one of three ways, including the following: Upon establishing parentage, a parent may apply for the "custody and support of their child." Iowa Code 598.41(4)(c). The court has authority to issue an order for support, granting custody to one of the parents, or ordering joint custody. See Iowa Code 598.41A. In addition to establishing parentage when requested by the court, parents choosing to marry may establish parentage as a condition of marriage. Iowa Code 598.3. In other words, simply by marrying, the parties agree to assume the rights and responsibilities of married persons, including the acknowledgment of parentage. Establishing parentage and subsequent orders for custody and/or visitation, however, do not necessarily address the issues of child support or medical coverage for the child.

Types of Iowa Child Custody

Iowa has three different types of custody available to unmarried parents on a case-by-case basis.
Joint Legal and Physical Custody Most people want to have (or are granted) joint legal and physical custody. This is the preferred arrangement when possible because it allows both parents to be influential in parenting decisions and also to have in person time with their child or children. When joint physical custody is awarded, parents decide where their children will live either on a truly equal basis, or on an alternating basis (i.e. one parent has weekends and alternating holidays and rotating six-week stretches of summer vacation; the other parent has the child or children for all other time.) Not all joint physical arrangements have to be equal. A judge or court can approve a different amount of time if one parent is better suited at a specific time in the child’s life to handle parenting duties. The judge or court will also take into consideration the child’s preference, though the child’s wishes are not controlling (although they are certainly taken into consideration as the child gets older.) Joint physical custody can be granted in the absence of joint legal custody. If joint legal custody is granted, that means that the parents will involve each other in important decisions regarding the child or children, including education issues, medical treatments, choice of religious education, extracurricular activities, and more.
Sole Legal and Physical Custody Sole legal custody is reserved for parents who simply cannot cooperate enough to have joint legal custody. Quite often sole legal custody is used mainly for the mother in these types of cases, although it can go to either party. If a parent is not granted legal custody, then they will not be entitled to make decisions regarding the child or children without permission of the court. As with sole legal custody, sole physical custodian should be considered a last resort. Most judges, court orders, and parents recognize the benefit of a child having a relationship with both parents, despite whatever animosity may exist between them. If you have questions or concerns regarding custody arrangements, contact us today.

Factors Iowa Courts Consider

Iowa courts primarily look at marital status to determine whether an individual is a legal parent. In the absence of a child born in wedlock, a mother is typically the sole custodial parent by default. Iowa Code § 600B.41A (2009). For unmarried parents, courts look to establish parentage through name on the birth certificate, initiation of proceedings during pregnancy, or the opportunity to rescind consent for a period of time after the father signs an affidavit of paternity. Iowa Code § 144.21A (2009). Otherwise Iowa courts will acknowledge some form of parentage acknowledgement or parentage agreement. Iowa statutes evidence the legislative intent to favor parentage by acknowledging the rights of unmarried fathers and permitting opportunities for designation on the birth certificate . Iowa Code § 144D (2009). After the court has established parentage, custody and visitation will be established as though the parents were married. Iowa Code § 600B.41A (2009). Unlike divorcing parents who are separated into a prior marital relationship, unmarried parents may have the benefit of working collaboratively in reaching an agreement for custody and parenting time of a joint child. Iowa Code § 598B.3 (2009). The court does not make factor findings for unmarried parents; however, any determination on custody will abide by the "best interest" of the child. Iowa Code § 598B.2 (2009) Factors for establishing what is in the "best interest" of the child are established in Iowa Code § 598B.41A (2009).

Mediation and Parenting Plans

Because custodial arguments can be emotionally challenging for all parties involved, including the children, the State of Iowa provides unmarried parents with the option of mediating their custody agreements. In Iowa, mediation is a voluntary process. In certain instances, the district court may order parents to attend mediation, but this is typically only done if the parents are unable to agree on parenting arrangements.
The aim of mediation is to help parents reach a custody agreement that is in the best interests of the child while also serving the needs of those involved. It operates under the idea that children benefit from playing an active role in custody decisions, and parents play a vital role in guiding children through the emotional stress of a breakup. On a broader level, mediation aims to reduce the number of cases that require adjudication through the court system.
If an agreement is reached between parents during mediation, a judge must approve the terms of the agreement before it becomes part of the official parenting plan. A parenting plan lays out the exact terms of the custody agreement. It should include details such as where the child will live, how frequently the parents will exchange the child, who has the power to make legal decisions on behalf of the child, and how costs associated with custody will be handled. It is then incorporated into the official divorce decree after a judge reviews the plan to ensure that it is in the best interests of the child.
Under Iowa law, a parenting plan must be included in the official decree by court order. If parents cannot reach an agreement either through negotiation or mediation, the court must make the decision for them.

Changing Custody Arrangements

Iowa law allows parents to modify existing custody orders for the benefit of themselves and their children, providing a framework to address changing circumstances. After the court has entered an order defining the custody of their child, either parent may file a petition for modification. However, any such petition must establish that there has been a "substantial change of circumstances" since the entry of the prior order, and that modifying the order is in the best interest of the child.
A court will not generally grant a petition to modify or terminate the custody of a child unless the petitioner shows by clear and convincing evidence one of the following: If these factors do not exist, the court may still modify the existing arrangement if it finds that the requested modification is in the child’s best interest. When custody is shared equally between two parents, the standard of proof is higher than for other arrangements of custody and requires clear and convincing evidence to show that allowing the proposed modification would be a) required to remedy, b) strictly necessary to avoid harm, and c) narrowly tailored to remedy the harm.
Increased movement among individuals in search of jobs, housing, or other opportunities means that many families will move within or out of Iowa. While marriages can be dissolved and custody established through a divorce decree, unmarried parents lack the same avenue for establishing their child’s custody. A voluntary custody agreement does not require the approval of the court but can nonetheless become a legally binding court order. In modification cases, the court treats voluntary custody agreements as a consent decree. Modifying an existing consent decree is slightly easier than for other orders and requires the competing interests of the parents and of the child to be taken into account.
Because the courts normally handle modification proceedings with a "benign neglect," the parties often run into discord when disputing parents have conflicting interest of either moving to a new geographical location, additional marriages, and changing economic status. Any custody order is subject to modification whenever the benefit of the child requires a change.

Legal Aid and Other Resources

For unmarried parents facing custody issues, various legal resources and support options are available in addition to the courts. Many offer mediation services or assistance in obtaining legal counsel. There are also counseling services and therapists specializing in family law to help parents work through relationship issues and share their insights with the court.
All Iowa counties maintain a Family Court Services office, which assists the court in providing domestic relations services. To locate the office nearest you, simply go to the Iowa Courts page and navigate to the appropriate geographic area.
The Iowa State Bar Association website is also a valuable resource . It has a lawyer referral service that helps the public in finding a lawyer suited to the client’s needs. The client completes a questionnaire that helps the Association identify the type of issue. Then the Association recommends an attorney best-suited to the type of issue presented. No support or legal fees are charged for this service.
Finally, the Iowa Child Support Recovery Unit website offers comprehensive information on child support in Iowa. Formerly known as the Child Support Recovery Unit (CSRU), it is now a part of the Iowa Department of Human Services and enforces the collection of child support. It does so on behalf of all children in Iowa. There are specific resources there for parents relating to modification of child support or alimony (spousal support).