Understanding Custody

While we may think of “child custody” as a single thing, what we usually mean when we say “custody” refers to many different rights and responsibilities involving a child. When people talk about “custody” in general conversations, they are often referring to two things: legal custody and physical care.

Legal custody

“Custody” or “legal custody” means the rights and responsibilities parents have towards their child.  Rights and responsibilities of legal custody include making decisions about the child's legal status, medical care, education, safety, extracurricular activities, religious instruction, and other major life decisions.  See Iowa Code section 598.1(5).

A court may award joint or sole legal custody.  Joint custody means the legal responsibility of a minor child is shared equally between the parents, and neither parent has legal custodial rights superior to those of the other parent.  Joint custody does not necessarily mean that the child must spend equal time with or live with both parents.  See Iowa Code section 598.1(3). 

Sole legal custody means that only one parent has the legal responsibility of a minor child.  Sole legal custody is granted if a court determines that it would be better for just one parent to make the decisions for the child.

Iowa law requires that the court must consider the best interest of the child and order a custody arrangement that will give the child the chance for maximum continuing physical and emotional contact with both parents after the parents have separated and dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless physical harm or significant emotional harm to the child, other children, or a parent is likely to occur.  See Iowa Code section 598.41.

Physical care

After the court decides on legal custody, the court will then decide on the physical care arrangement.  "Physical placement” refers to the parental home where the child will live on a regular basis. The parent living with the child is the "custodial parent” and the other parent is the "non-custodial” parent.  When a court places a child in your physical care, you are responsible for the day-to-day decisions that affect the child.

The court may also allow the parties to have “joint physical care.”  Under this arrangement, both parties share equal and regular care for the child.  Like joint custody, neither parent has physical care rights superior to the other parent.  See Iowa Code sections 598.1(4) and 598.41(5)(a).

If the court awards joint custody to both parents, the court may award joint physical care upon the request of either parent.  See Iowa Code section 598.41(5)(a).

Visitation

In some situations, the court will decide that it is best for the child for one parent to have sole physical care. This does not, however, mean that the other parent does not get to have contact with the child. In these cases, the court can order a visitation schedule so that the parent who the child does not live with still is able to have a relationship with that child.