| Chapter 598 of the Iowa Code contains important | | | | can submit it together to the court. If the parents |
| laws and guidelines concerning child custody matters. | | | | cannot work together, they court determines the |
| Within these statutes, parents can find the right | | | | agreement. When deciding if a joint or sole custody |
| information to help them create their parenting plan and | | | | agreement is better for the child, the court considers |
| make the best decisions about the custody | | | | the following factors (found in Chapter 598.41): |
| agreement. Here are some of the laws that affect the | | | | - Whether each parent would be a suitable custodian |
| plan and that the mother and father should know. | | | | for the child. |
| Chapter 598.41 allows the court to provide a joint | | | | - Whether the psychological and emotional needs and |
| custody arrangement if it is in the best interest of the | | | | development of the child will suffer due to lack of |
| child. This type of arrangement is encouraged because | | | | active contact with and attention from both parents. |
| it gives the child maximum physical and emotional | | | | - Whether the parents can communicate with each |
| contact with both parents after the parents have | | | | other regarding the child's needs. |
| separated. The mother and father should both make | | | | - Whether both parents have actively cared for the |
| every effort to be involved with the responsibilities and | | | | child before and since the separation. |
| duties of raising the child. In cases where joint custody | | | | - Whether each parent can support the other parent's |
| is granted, the parents have the opportunity to create | | | | relationship with the child. |
| a parenting plan that outlines how the care of the child | | | | - Whether the custody arrangement is in accord with |
| will be divided between them. This plan should include | | | | the child's wishes or whether the child has strong |
| information about decision making and also how the | | | | opposition, taking into consideration the child's age and |
| physical time will be divided. | | | | maturity. |
| If ether parent petitions for joint custody, the court can | | | | - Whether one or both the parents agree or are |
| order it. When either the father or mother does not | | | | opposed to joint custody. |
| want this type of agreement, the parent must have | | | | - The geographic proximity of the parents. |
| convincing and compelling evidence about how this | | | | - Whether the safety of the child, other children, or the |
| agreement will harm the child. They must also show | | | | other parent will be jeopardized by the awarding of |
| that a sole custody plan is in the best interest of the | | | | joint custody or by unsupervised or unrestricted |
| child. | | | | visitation. |
| When the parents agree on the parenting plan, they | | | | - Whether a history of domestic abuse exists. |