Helping Clients Establish, Contest, Modify & Enforce Child Custody Orders
During a divorce, one of the most emotional and challenging issues that must be addressed is determining child custody. An experienced child custody lawyer from our firm in Des Moines can effectively advocate for each client’s goals while always protecting their best interests.
Our family law attorneys can also help parents in situations where one party is wrongfully withholding parenting time or visitation from the other. Our child custody lawyers serving Des Moines are here in your time of need, contact our family law attorneys today.
Our law firm helps clients with the following physical custody orders below. Each of these has a different level of decision-making authority when it comes to the child’s health, education, and welfare.
- Joint legal custody – both parents have legal authority to make decisions
- Sole legal custody – only one parent has authority
- Primary physical care – one parent has a right to provide a safe environment, shelter, clothing, and nutrition
- Shared physical care – both parents have the right to provide
- Interstate custody matter
Seeking a child custody attorney near you in Iowa? Contact our law firm at 515-639-3000 now to schedule a consultation with one of our attorneys.
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 attorneys are ready to advocate for you.
The judge will use the following factors to determine what plan is best for the children:
- 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?
Iowa law gives fathers the same parental rights as mothers. Iowa courts recognize that fathers are essential to their children’s lives. Iowa courts do not favor mothers over fathers when determining child custody and visitation rights. Instead, courts consider the “best interests of the child.”
While dated ideologies have always shown women to have legal 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?
When fighting for custody, tensions will be on the rise between both parties. They may begin to compete for parental rights by accusing the other party of being unfit.
An unfit parent is one who is unable to provide for the needs or care for the child. The Court makes determinations based on the child’s best interests, which is why this can be a serious threat.
Any claims presented regarding the care of the child may be brought into investigation, so this is not a claim that should be made lightly. The judge may even 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
If the court suspects or has determined any false claims, this may result in:
- Additional loss of custody
- Contempt of court charges
- Or criminal charges of custodial inference
Consult with a child custody attorney near you about your parental rights.
At What Age Can a Child Decide Which Parent to Live With in iowa?
When ruling a custody case, a judge may consider the wishes of the child if they are old enough and have good reason.
The best interests of the child will always be the most important factor, especially if one parent shows characteristics of being “unfit”.
Fighting for the Best Interests of Your Child
When you call our law firm to discuss the details of your child custody case, we are happy to schedule a consultation with you.
We sit down with each of our clients in order to talk about the individual details of your case and go over the best possible legal options available in order to reach a solid resolution.
If the other parent of your child is violating your parental rights, such as withholding visitation, we can fight on your behalf.
Our divorce attorneys serving Des Moines can provide you with the caring and capable advocacy you need.
Medical Decisions Under Legal Custody
Medical decisions fall under a legal custody decision, which gives a parent the responsibility to make decisions on behalf of a child on issues such as medical issues, after-school activities, and religious participation.
It is very common to find that many parents are given joint legal custody over a child, meaning both parents have the right to make decisions on the child’s behalf. In these cases, neither parent is given superior rights over the other parent’s decision-making ability, meaning there can often be battles regarding these types of decisions.
It is important to review your agreement if you are unsure of your responsibilities and legal rights as a parent.
Call our office at 515-639-3000 or contact us online to discuss your child’s needs with our Des Moines office at Family Law Solutions of Iowa.