Des Moines Child Custody Lawyer

Child Custody Lawyer Des Moines, IA

If you and your spouse are planning to get divorced and you have minor children together, the situation can become even more complicated. If you haven’t reached an agreement through mediation, you will have to go to court to resolve child custody issues. It’s important to have a child custody lawyer in Des Moines, IA by your side. You should also educate yourself about the different factors that can affect a child custody ruling.

What Factors Can Determine Child Custody?

• The Wishes of the Child: Usually, children over the age of 12 are considered mature enough to have some say in the child custody decision. However, a judge will first assess the child’s reasoning first. If the child, for example, says he or she wants to live with one parent because the parent gives him or her more freedom, the judge probably won’t honor that preference. On the other hand, if the child says he or she feels closer to one parent, the judge may take the preference more seriously.
• Physical and Mental Health of Parents: As a child custody lawyer in Des Moines, IA can confirm, the judge will closely look at the physical and mental health of both parents before making a custody decision. If one parent, for example, has a serious illness, he or she may not be able to tend to the child’s needs. The judge will likely award custody to the parent who is both physically and mentally healthier.
• The Relationship Between the Child and Each Parent: A child custody lawyer in Des Moines, IA can attest that the judge will take a close look at the relationship between each parent and the child. For example, if one parent hasn’t been in the child’s life for a while, the judge will likely award custody to the other parent, who has a closer relationship with the child.
• Each Parent’s Living Accommodations: How and where each parent lives will also be taken into account during a child custody decision. For instance, if one parent lives in a small one-bedroom apartment, it might not be a suitable living arrangement for a growing child. The judge may be more likely to award custody to the parent who still resides in the family home.
• Suspected Abuse: If one parent has been accused of abusing the child in the past, the judge will weigh this heavily when making a custody decision. He or she will most likely award custody to the other parent and only allow supervised visitation with the parent accused of abuse.

Consulting With a Child Custody Lawyer

A child custody battle isn’t something you want to go through alone. It’s in your best interest to speak to a qualified child custody lawyer in Des Moines, IA. He or she will provide excellent legal guidance and improve your chances of getting a good outcome.

Schedule a consultation with a child custody lawyer in Des Moines, IA from Law Group of Iowa today.

Iowa Child Custody FAQ

Nothing matters more than your relationship with your children, and custody disputes create fear, stress, and uncertainty about your future involvement in their lives. Whether facing divorce, unmarried parent custody battles, modification requests, or relocation issues, custody proceedings determine fundamental aspects of your parenting role and daily contact with your children. Iowa courts make decisions based on children’s best interests, but parents need strong advocacy ensuring judges understand their capabilities, dedication, and the importance of preserving parent-child bonds. At Law Group of Iowa, we represent parents in custody disputes, fighting to protect your parental rights while prioritizing arrangements that serve your children’s wellbeing and maintain meaningful relationships with both parents.

What Types Of Custody Exist In Iowa?

Physical care determines which parent’s home serves as the child’s primary residence for school and daily life. Legal custody involves decision-making authority regarding major issues including education, healthcare, and religious upbringing. Joint physical care means children spend substantial time with both parents who share daily responsibilities. Joint legal custody allows both parents to participate in major decisions affecting children’s lives. Sole physical care places children primarily with one parent while the other receives visitation or parenting time. Sole legal custody grants one parent exclusive decision-making authority though this is less common. We pursue custody arrangements that protect your parental involvement and serve your children’s needs.

How Do Courts Determine Best Interests?

Each parent’s ability to provide stability, support, and appropriate care affects custody determinations. Children’s relationships with parents, siblings, and extended family members are considered. Continuity and stability in children’s current living situations, schools, and communities matter significantly. Parents’ mental and physical health as they affect parenting capacity are evaluated. History of domestic abuse or violence weighs heavily against abusive parents in custody decisions. Each parent’s willingness to foster positive relationships between children and the other parent is crucial. Children’s preferences may be considered depending on their age, maturity, and reasoning ability. We present compelling evidence demonstrating why our proposed custody arrangement serves your children best.

What Is A Parenting Time Schedule?

Regular schedule establishes which days and nights children spend with each parent during typical weeks. Holiday and vacation schedules address special occasions, school breaks, and extended summer periods. Exchange procedures specify where and how children transition between parents’ homes. Transportation responsibilities determine who handles driving for exchanges and activities. Communication provisions address phone calls, video chats, and contact during the other parent’s time. Right of first refusal gives parents opportunities to care for children before the other uses babysitters. Modification procedures establish how schedules adjust as children’s needs and activities change. We negotiate schedules that maximize your time with children while providing consistency they need.

Why Do Custody Modifications Become Necessary?

Material and substantial changes in circumstances justify modifying existing custody orders when children’s needs aren’t being met. Parental relocation for employment or family reasons requires adjusting physical care and visitation arrangements. Children’s changing needs as they grow and develop may require different custody structures. Parent behavior including substance abuse, neglect, or instability threatens children’s wellbeing. Interference with the other parent’s time or decision-making violates court orders and harms children. School struggles or behavioral problems may indicate current arrangements aren’t working effectively. We petition for modifications when circumstances warrant changes protecting your children’s interests.

How Does Relocation Affect Custody?

Notice requirements mandate informing the other parent in writing about proposed moves affecting custody. Objections to relocation trigger hearings where courts determine whether moves serve children’s best interests. Factors considered include reasons for moving, impact on children’s relationships with both parents, and benefits of relocation. Long-distance parenting plans require creative scheduling including extended summer visits and holiday exchanges. Virtual contact through video calls becomes more important maintaining relationships across distance. Transportation costs and responsibilities require clear allocation between parents. We represent both relocating parents seeking permission and non-relocating parents opposing moves that would harm their relationships with children.

What Role Do Guardians Ad Litem Play?

Court-appointed attorneys represent children’s best interests independently from either parent’s position. Investigations include interviewing parents, children, teachers, doctors, and others with relevant information. Home visits allow guardians to observe living conditions and parent-child interactions firsthand. Recommendations to the court carry significant weight in custody decisions though judges aren’t bound by them. Costs are typically split between parents or paid according to court order. We work with guardians ad litem providing information supporting your position while respecting their independent role.

Nothing matters more than your relationship with your children, and custody disputes create fear, stress, and uncertainty about your future involvement in their lives. Whether facing divorce, unmarried parent custody battles, modification requests, or relocation issues, custody proceedings determine fundamental aspects of your parenting role and daily contact with your children. Iowa courts make decisions based on children’s best interests, but parents need strong advocacy ensuring judges understand their capabilities, dedication, and the importance of preserving parent-child bonds. At Law Group of Iowa, we represent parents in custody disputes, fighting to protect your parental rights while prioritizing arrangements that serve your children’s wellbeing and maintain meaningful relationships with both parents.

What Types Of Custody Exist In Iowa?

Physical care determines which parent’s home serves as the child’s primary residence for school and daily life. Legal custody involves decision-making authority regarding major issues including education, healthcare, and religious upbringing. Joint physical care means children spend substantial time with both parents who share daily responsibilities. Joint legal custody allows both parents to participate in major decisions affecting children’s lives. Sole physical care places children primarily with one parent while the other receives visitation or parenting time. Sole legal custody grants one parent exclusive decision-making authority though this is less common. We pursue custody arrangements that protect your parental involvement and serve your children’s needs.

How Do Courts Determine Best Interests?

Each parent’s ability to provide stability, support, and appropriate care affects custody determinations. Children’s relationships with parents, siblings, and extended family members are considered. Continuity and stability in children’s current living situations, schools, and communities matter significantly. Parents’ mental and physical health as they affect parenting capacity are evaluated. History of domestic abuse or violence weighs heavily against abusive parents in custody decisions. Each parent’s willingness to foster positive relationships between children and the other parent is crucial. Children’s preferences may be considered depending on their age, maturity, and reasoning ability. We present compelling evidence demonstrating why our proposed custody arrangement serves your children best.

What Is A Parenting Time Schedule?

Regular schedule establishes which days and nights children spend with each parent during typical weeks. Holiday and vacation schedules address special occasions, school breaks, and extended summer periods. Exchange procedures specify where and how children transition between parents’ homes. Transportation responsibilities determine who handles driving for exchanges and activities. Communication provisions address phone calls, video chats, and contact during the other parent’s time. Right of first refusal gives parents opportunities to care for children before the other uses babysitters. Modification procedures establish how schedules adjust as children’s needs and activities change. We negotiate schedules that maximize your time with children while providing consistency they need.

Why Do Custody Modifications Become Necessary?

Material and substantial changes in circumstances justify modifying existing custody orders when children’s needs aren’t being met. Parental relocation for employment or family reasons requires adjusting physical care and visitation arrangements. Children’s changing needs as they grow and develop may require different custody structures. Parent behavior including substance abuse, neglect, or instability threatens children’s wellbeing. Interference with the other parent’s time or decision-making violates court orders and harms children. School struggles or behavioral problems may indicate current arrangements aren’t working effectively. We petition for modifications when circumstances warrant changes protecting your children’s interests.

How Does Relocation Affect Custody?

Notice requirements mandate informing the other parent in writing about proposed moves affecting custody. Objections to relocation trigger hearings where courts determine whether moves serve children’s best interests. Factors considered include reasons for moving, impact on children’s relationships with both parents, and benefits of relocation. Long-distance parenting plans require creative scheduling including extended summer visits and holiday exchanges. Virtual contact through video calls becomes more important maintaining relationships across distance. Transportation costs and responsibilities require clear allocation between parents. We represent both relocating parents seeking permission and non-relocating parents opposing moves that would harm their relationships with children.

What Role Do Guardians Ad Litem Play?

Court-appointed attorneys represent children’s best interests independently from either parent’s position. Investigations include interviewing parents, children, teachers, doctors, and others with relevant information. Home visits allow guardians to observe living conditions and parent-child interactions firsthand. Recommendations to the court carry significant weight in custody decisions though judges aren’t bound by them. Costs are typically split between parents or paid according to court order. We work with guardians ad litem providing information supporting your position while respecting their independent role.

Why Is Documentation Critical?

Communication records including texts and emails demonstrate cooperation or conflict between parents. Calendar logs tracking parenting time, missed visits, and interference prove patterns of behavior. Activity involvement records show participation in children’s school events, medical appointments, and extracurriculars. Witness statements from teachers, coaches, counselors, and family members provide supporting testimony. Photographs and videos document your relationship with children and their comfort in your care. Medical and school records demonstrate attendance to children’s needs and involvement in their lives. Police reports and protective orders document any domestic violence or safety concerns. We help clients gather compelling evidence supporting their custody positions.

What Should Parents Avoid During Custody Disputes?

Speaking negatively about the other parent to children damages them emotionally and hurts your custody case. Interfering with scheduled parenting time or denying court-ordered visitation violates orders and demonstrates poor judgment. Using children as messengers or involving them in adult conflicts places inappropriate burdens on them. Social media posts about the case, the other parent, or parenting issues can be used against you. Introducing new romantic partners too quickly or exposing children to unstable relationships raises concerns. Making unilateral major decisions without the other parent when joint legal custody exists violates court orders. Documenting every minor issue or constantly seeking modifications appears vindictive rather than focused on children’s needs.

Your relationship with your children deserves protection through custody arrangements that prioritize their wellbeing and your involvement. A child custody lawyer Iowa parents trust can advocate for your rights, present compelling evidence, and pursue custody orders that serve your children’s best interests while preserving meaningful parent-child relationships. We understand the emotional stakes and legal standards governing custody decisions. We work on various fee arrangements including retainers with payment plans. Contact us today for a confidential consultation about your custody situation and how we can help protect your parental rights.