In Iowa, the family law division of the District Court makes child custody decisions for divorcing and unmarried parents.
You'll enter the court process after requesting a custody decree. You must ask for one if you are divorcing or want legally enforceable custody arrangements.
The sooner you reach an agreement, the shorter the court process. If you can't agree, you'll proceed to a trial where the judge will decide the terms of your decree.
Hiring a lawyer is recommended. They can advise you throughout your case and make court appearances for you. If you are low-income, you may find legal representation through legal aid.
The following gives you an idea of what to expect during a family case. Your court, county and your individual needs will impact your exact court process.
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Filing a petition for divorce or for custody and visitation is the first step in the court process.
You'll electronically file your petition with your District Court. You must also submit a parenting plan outlining your custody and visitation proposals.
After you file your forms, a third party must give copies to the other parent within 90 days. This is called service. The respondent will have 20 days to respond with an Answer.
After filing your paperwork, you'll receive a Family Law Requirements Order. It will list the next steps for your case, like attending a court date, taking the Children in the Middle course, going to mediation and more.
If you filed an agreement with your petition, you may receive notice to appear for a hearing (more below).
Parents who don't have a full agreement are required to try some form of mediation. You must do this before you can file a motion.
Some districts require a third-party mediator, while others hold a settlement conference led by a judge. The latter is required for parents in the informal family law trial program.
If you reach an agreement, you must put it in writing. Use the court's forms for divorce agreements and custody agreements (see the settlement form and agreed parenting plan form) — or create your own. After both parents sign, submit your agreement to the court.
Your court process will end if the judge approves your agreement, and you'll receive a final decree (more below).
If you file a motion, the court will schedule a hearing to address it. Motions allow you to request temporary orders for custody, child support and other matters in your case.
Hearings are also held to address paternity and agreements. A judge may call a hearing to review an agreement to ensure both parents agree to the terms and that the terms are in the child's best interests.
In the lead-up to trial, you'll exchange documents (e.g., financial disclosures) and information to ensure you have what you need to argue your case in court — or pursue a settlement.
You'll have deadlines to file the forms with the court. These are often outlined in the Family Law Requirements Order. You must submit everything you want to use as evidence before the trial and share it with the other parent.
By order of the court, discovery may involve a child custody investigation. The investigator looks into the conditions of each parent's home and their parental fitness, then prepares a report for the court and parents. The county covers the cost if parents cannot afford it.
A pretrial conference is the last stop before trial. In some judicial districts, if both parents have a lawyer, neither parent has to attend the conference. If even just one parent is unrepresented, the attendance of both parents is mandatory.
At the conference, the court will ensure parents have filed and shared all requested documents. You'll also discuss whether you can settle your case instead of going to trial.
If you can't settle, the court will order you to attend mediation (if you haven't already) or set a trial date. In the latter case, you'll discuss how much trial time you'll need and the witnesses that will appear.
At trial, the judge hears each side's final arguments and evidence, then makes a decision.
A traditional family trial involves each parent (or their lawyers) questioning witnesses and presenting evidence.
Parents in the informal family law trial process are questioned by the judge instead of by a lawyer or the other parent, and they can only call a limited number of witnesses.
After the judge makes a decision or approves your agreement, you'll receive a copy of your final decree for custody or divorce in the mail.
A parenting plan and parenting time schedule will be part of your custody decree. It will also cover child support.
A divorce decree covers noncustody matters as well, like spousal support and the division of property. You must wait 90 days from the date of service to receive a divorce decree.
Preparation is key to getting the child custody and visitation arrangements you believe are best for your child. There are many resources available to help you throughout your case.
These lawyers helped us understand Iowa divorce, custody and visitation. They can help you, too.
During the custody process, you may need to create a parenting plan, draft parenting time schedules, keep a log about interactions with the other parent, and more.
The Custody X Change app enables you to do all of this in one place.
With a parenting plan template, custom custody calendars, a digital parenting journal and beyond, Custody X Change makes sure you're prepared for whatever arises in your journey to child custody.
Throughout your case, take advantage of our technology to stay on top of all the moving parts.
Visualize your schedule. Get a written parenting plan. Calculate your parenting time.
