As most people know, divorce is a life experience that affects more than just the two spouses involved. Children in the marriage are thought to be affected as much, if not more, than their parents. Because of the significant impact a divorce has on the children, the courts around the country have developed laws and procedures that are designed to keep the best interest of the children as the priority when determining divorce orders.
One of the most important parts of a divorce proceeding involving children is the custody hearing. Many parents wish to gain full or majority custody of the child, which often leads to a heated courtroom battle. However, the courts use several factors when determining which custody arrangement is best for the child. In order for shared physical custody to be granted by the court in Iowa, the court considers the following factors:
- Whether each parent would be a suitable custodian for the child.
- Whether the psychological and emotional needs and development of the child will
- suffer due to lack of active contact with and attention from both parents.
- Whether the parents can communicate with each other regarding child's needs.
- Whether both parents have actively cared for the child before and since the separation.
- Whether each parent can support the other parent's relationship with the child.
- Whether the custody arrangement is in accord of the child's wishes or whether the child has strong opposition, taking into consideration the child's age and maturity.
- Whether one of both of the parents agree or are opposed to joint custody.
- The geographic proximity of the parents.
- Whether the safety of the child, other children, or the other parent will be jeopardized by awarding the joint custody or by unsupervised or unrestricted visitation.
- Whether a history of domestic abuse exists.
- Whether a parent has allowed a person custody or control of, or unsupervised access to a child after knowing the person is required to register or is on the sex offender registry as a sex offender.
To learn more about custody hearings or to find out how McGuire Law, PLC can help you defend your interests and your parental relationship, call our firm today and schedule a free consultation.