What Is Joint Legal Custody?

This means that both parents have equal rights in decision-making about their child. This includes issues such as medical care, religious practices, and the child's school.  

Legal custody and physical custody are not the same thing. Legal custody involves decision-making. Physical custody involves parenting time in the home where the child resides.  

Just because a court orders joint legal custody does not mean it will order joint physical custody. A court can order joint legal custody but primary physical care to only one parent.

What Does a Court Consider in Deciding Joint Legal Custody in Iowa?

Preference in Iowa Law

Iowa law prefers that both parents are involved in their child’s life and make joint decisions about important issues involving their child. Iowa Code Section 598.41states that the court shall order custody awards that “assure the child the opportunity for the maximum continuing physical and emotional contact with both parents” and “which will encourage parents to share the rights and responsibilities of raising the child.”  

The exception to this is if the contact with one parent is likely to result in

• direct physical harm or significant emotional harm to the child,  
• other children,  
• or a parent.

What Does a Court Consider When Deciding Joint Legal Custody?

Courts must consider the factors listed in Iowa Code section 598.41(3). Those include whether:

• Each parent would be a suitable custodian for the child.
• The psychological and emotional needs and development of the child will suffer due to a lack of active contact with and attention from both parents.
• The parents can communicate with each other regarding the child's needs.
• Both parents have actively cared for the child before and since separating.
• Each parent can support the other parent's relationship with the child.
• One or both parents agree to or oppose joint custody.
• The geographic proximity of the parents.
• The safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation.
• A history of domestic abuse exists.

The children's best interests are the primary concern in determining a legal custody award.

If you are seeking custody of your child, you can call our offices to schedule a consultation. This article is for information purposes only and does not constitute legal advice.