Official State of Iowa Website

Factors Courts Consider in Determining Joint Custody

If either party requests joint custody, the court must consider granting joint custody.  See Iowa Code section 598.41(2)(a).

When deciding the joint custody arrangement that is best for the child, Iowa Code section 598.41(3) tells us that the court must consider: Icon of a judge's gavel

  • If each parent would be a suitable custodian for the child 
  • If the psychological and emotional need and development of the child will suffer due to lack of active contact with and attention from both parents
  • If the parents can communicate with each other concerning the child's needs 
  • If both parents have actively cared for the child before and since the separation
  • If each parent can support the other's relationship with the child 
  • If the custody arrangement is consistent with the child's wishes, taking into account the child's age and maturity
  • If one or both parents agree to or oppose joint custody
  • The geographic proximity of the parents 
  • If the safety of the child, other children, or the other parent will be jeopardized by an award of joint custody or by unsupervised or unrestricted supervision
  • If a history of domestic abuse exists
  • If a parent has allowed a person custody or control of, or unsupervised access to, a child after knowing that person is a registered sex offender. 

If the court finds a history of domestic abuse, a “rebuttable presumption” against awarding joint custody exists. Iowa Code section 598.41(1)(b). This means that if the court finds that one parent has a history of committing domestic abuse, the court will grant the other parent sole custody, unless the parent who wants joint custody can convince the court that they should be granted joint custody despite their past domestic abuse.