In this article...

Watch Our Video
Kevin O'Flaherty

In this article, we answer the question “What is legal custody?”, and “What types of custody are there?”.  We will also go over “What is ‘joint legal custody’ and ‘sole legal custody?”, “What is ‘joint physical placement,’?”, “How is ‘joint’ or ‘sole legal custody’ determined?”, “Do we need a court order if parents agree on custody?”, and “What if one parent denies visitation to another parent?”.

What is Legal Custody?

“Custody” or “legal custody” refers to the rights and responsibilities parents have towards their child.  The rights and responsibilities refers to their major life decisions, such as medical care, education, safety, religion, extracurricular activities, and the child’s legal status.

What Types of Custody Are There?

Iowa Law requires that the court consider the best interests of the child and order a custody arrangement that will allow the child to maintain consistent physical and emotional contact with both parents whenever possible to encourage parents to share the rights and responsibilities of raising the child, so long as doing so will not cause physical or significant emotional harm to the children, other children, or either parent.  Custody is broken down into three parts: “joint legal custody,” “sole legal custody,” “physical placement.”

What is “Joint Legal Custody?” and “Sole Legal Custody?”

“Joint legal custody” means both parents have a right to help make decisions about the child.  “Sole legal custody” means that only one parent has legal responsibility for the minor child.  These terms only refer to which party has the right to help make major decisions for the child.  “Physical placement” must also be taken into account.

What is “Joint Physical Placement”?

“Joint physical placement” means that both parents have rights and responsibilities towards the child, such as shared parenting time, maintaining homes for the child, and providing routine care for the child.  Neither parent’s rights are superior to the other.  The parent living with the child the majority of the time is often referred to as the “custodial parent,” and the parent that does not reside with the child is the “non-custodial” parent.  “Primary physical care” can also be awarded to a parent that lives with the child the majority of the time, as opposed to “joint physical care,” where children spend roughly equal amounts of time with each parent.

How is “Joint” or “Sole Legal Custody” Determined?

Many factors are considered when determining whether a “joint” or “sole” custody arrangement would be best for the child.  Iowa Law favors “Joint legal custody” unless there is significant evidence to suggest it would be in the child’s best interest for one parent to be the sole caretaker.  Examples of what a court considers when awarding custody are as follows:  A parent exhibits immoral behavior that could interfere with the child’s health, safety, or welfare, A parent’s substance abuse (drugs or alcohol), A parent who is violent or abusive, The geographic proximity of the parents, Whether one or both parents agree or are opposed to joint custody, Whether both parents have actively cared for the child before and since the separation, Whether each parent would be a suitable custodian for the child, The relationship between each parent and child, Whether each parent could continue to support the physical and emotional needs of the child without becoming a danger to the child or themselves.  “Joint legal custody” is favored in Iowa, as long as the best interests of the child are not at risk.

Do We Need a Court Order if Parents Agree on Custody?

Yes.  Even if both parents agree to their own terms of custody, the details of those terms must be submitted and approved by the court in the final “decree of dissolution of marriage.”

What If One Parent Denies Visitation to Another Parent?

If a parent is denied visitation and a court order is in place, the offended party must file a motion with the court to enforce the provisions of the order.  Denying visitation to a parent is not a way to get child support payments or a valid reaction to not receiving support.  Unless the child’s health, safety, or welfare is at risk, a parent cannot deny visitation to another parent without express permission from the court.

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.


Get my FREE E-Book

Similar Articles

Learn about Law