This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
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Unfit Parent Laws in Iowa A parent who is ruled "unfit" by a judge may have his or her parental rights involuntarily terminated. To qualify as being unfit, a parent may show: A history of child abuse or neglect.
Iowa courts will only grant sole legal custody to one parent where there is clear and convincing evidence that joint legal custody is not in the child's best interests. The court also assumes joint custody isn't in the child's best interest when there's been domestic abuse in the family.
In Iowa, joint legal custody is more common, and Iowa law strongly favors awarding joint legal custody to both parents. This allows each parent to weigh in on important life decisions for the child.
Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent. Technically, any child who is not yet a legal adult isn't allowed to refuse visitation.
In the case of parents having 50/50 joint physical care (a/k/a shared physical care), the parent whose income is higher will generally be required to pay child support.
Iowa courts will only grant sole legal custody to one parent where there is clear and convincing evidence that joint legal custody is not in the child's best interests. The court also assumes joint custody isn't in the child's best interest when there's been domestic abuse in the family. (Iowa Code § 598.41 (2)(b).)
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.
A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.