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The Iowa Courts always look to the best interests of the child in determining child custody issues, the court will look at the totality of the circumstances between the parents to determine what is better for the life of the child or children and the child or children's interests.
Most of the time, children benefit from having good relationships with both parents. But if your child wants to live with their other parent full time, give your child space to express how they feel, and listen openly. But don't allow them to be rude?if they need help, guide them through rephrasing some statements.
Iowa joint physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children. Parenting time is split approximately 50/50, and there is no parenting time credit that affects child support.
At what age can my child decide which parent to live with? There is no rule or law on this. A material change of circumstance must be found by the court to change custody/visitation, and for a child to express their opinion, the court must find that it is a sound reason.
There is no set age for when a judge will take a child's preference into account. If a child is exceptionally young or if they seem to have been swayed by a parent or relative, their preference will not be considered.
If a child doesn't want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddy's house. A professional counselor and lawyers might need to be involved.
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).)
What To Do When Your Child Wants to Live With Their Other Parent Don't Take It Personally. ... Keep Communication Open. ... Consider Bringing Your Ex Into The Conversation. ... Think About What Happens if You Let Them Go.