Child Custody in Cedar Rapids, IA
We understand that a child custody battle is a personal and highly emotional issue. This is why we’re so passionate about connecting you with Cedar Rapids, Iowa professionals who will help you fight for your rights as a parent.
What Is Child Custody?
When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Cedar Rapids, IA not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.
Types of Child Custody Arrangements In Cedar Rapids, Iowa
There are three main types of arrangements that can occur. These include full custody, sole custody, and joint custody. Cedar Rapids custody cases are under the jurisdiction of the Linn County District Court.
What Is Full Custody?
In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing and has control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.
Iowa law lays out numerous factors for determining a custody arrangement that is in the child’s best interest. A Cedar Rapids judge will look at all relevant circumstances, including:
- Each parent’s suitability as a custodian for the child
- The preferences of the parents and the child
- Any history of abuse
If a parent wishes to change an existing custody order, they can request a modification through the court. The requesting parent must show a substantial change in circumstances necessitating the modification.
Even when children only live with one parent, the other parent still has the opportunity to be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.
What Is Sole Custody?
Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.
In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child. Iowa state laws vary on what might result in parental termination.
What Is Joint Custody?
Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families in Cedar Rapids, Iowa also practice “nesting”, where both parents move in and out of the home the child lives in when it is their turn to have custody.
Under Iowa statute, courts must consider joint custody if one or both parents request it. In addition, a Cedar Rapids judge will favor an arrangement that maximizes contact and distribution of responsibility between both parents. In deciding on joint custody, the court will consider each parent’s ability to communicate with and support the other parent. The geographic proximity of the parents to one another will also factor into the decision. Any history of domestic abuse creates a rebuttable presumption against awarding joint custody.
In many joint custody arrangements, one parent may retain complete responsibility. This is for any major decisions that have to be made in regard to the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody. In these cases, they may hold the larger portion of a 60/40 time split.
The Factors Courts Consider When Making a Decision
In , , full custody is typically granted when one parent is unable to fulfill the responsibilities of raising the child. This could be due to factors such as incarceration, lack of financial stability, or involvement in situations that may pose harm to the child. In such cases, the court may award sole custody to the other parent.
Alternatively, joint custody is often granted, where both parents share responsibility for raising the child. For joint custody to work, both parents must be able to cooperate, communicate effectively, and follow the court’s directives. If parents struggle to work together, the court may lean towards awarding the majority of the parenting time to one parent in order to minimize conflict.
In joint custody situations in , both parents are expected to coordinate their efforts to meet the child’s needs. The details of your custody arrangement can vary. It’s possible that one parent may have supervised visits, or the court may establish a public location for the exchange of the child between parents.
The Basics of the Child Custody Process
Custody arrangements in Cedar Rapids, Iowa are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents can come together to find a solution that works well for the child. Oftentimes without needing to involve the court system.
Mediation is not statutorily required for Cedar Rapids custody cases. However, Iowa legislation allows a court to order mediation unless there is a history of domestic abuse. In addition, the Iowa Supreme Court issued a rule in 2020 requiring mediation for most contested custody cases. The parents can either select a mediator from a court-approved register, or the court will appoint one.
Working with a Cedar Rapids custody lawyer as a mediator can help to advise you on the best type of custody arrangement that would work for the unique requirements and needs of your child. Hire an experienced child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.
Work With an Experienced Cedar Rapids, Iowa Child Custody Lawyer
A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. A Cedar Rapids lawyer that specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.
Hire a dedicated and passionate child custody attorney in Cedar Rapids, Iowa. Your chances of seeing a custody agreement and visitation rights that are favorable for you will be much more likely. If you’re looking to hire an experienced child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.
The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across Iowa state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
There are plenty of other chapters of Cedar Rapids law that could apply to your situation!
