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Iowa Parenting Plan

An Iowa parenting plan sets out legal custody, physical care, and the schedule the court approves under the best interest standard, using Iowa's joint custody and joint physical care framework. Attorney review available.

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Introduction

A parenting plan is the written document Iowa parents use to set out legal custody, physical care, and the schedule for a child, whether they are divorcing, were never married, or are changing an existing order. Iowa uses its own terms. Legal custody is the authority to make major decisions for the child, and physical care is where the child lives and who provides day-to-day care; Iowa says physical care rather than physical custody. A court may award joint legal custody, and it orders the arrangement that, insofar as reasonable and in the best interest of the child, assures the child maximum continuing physical and emotional contact with both parents (Iowa Code Section 598.41(1)). On the application of either parent, an Iowa court shall consider granting joint custody even when the parents do not agree, and if it does not grant joint custody it must cite clear and convincing evidence that joint custody is unreasonable and not in the child's best interest (Iowa Code Section 598.41(2)). When joint legal custody is awarded, the court may award joint physical care on the request of either parent, and it may require the parents to submit a proposed joint physical care parenting plan (Iowa Code Section 598.41(5)). Parents in a case involving custody must also complete a court-approved children's course within 45 days, before a final decree (Iowa Code Section 598.15). DocDraft builds your Iowa parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

  1. 1

    A parenting plan is a written document that sets out legal custody, physical care, and the schedule for a child, used by Iowa parents who are divorcing, were never married, or are modifying an existing order.

  2. 2

    Iowa uses legal custody and physical care (not physical custody), and a court may award joint legal custody and joint physical care (Iowa Code Section 598.41).

  3. 3

    Iowa courts order the custody arrangement that, insofar as reasonable and in the child's best interest, assures the child maximum continuing physical and emotional contact with both parents (Iowa Code Section 598.41(1)).

  4. 4

    On the application of either parent, an Iowa court shall consider granting joint custody even when the parents do not agree, and it must cite clear and convincing evidence to deny it (Iowa Code Section 598.41(2)).

  5. 5

    When joint legal custody is awarded, an Iowa court may award joint physical care on the request of either parent and may require a proposed joint physical care parenting plan (Iowa Code Section 598.41(5)(a)).

  6. 6

    An Iowa joint physical care parenting plan addresses how the parents make decisions, provide a home, divide the child's time, facilitate the child's time with the other parent, handle expenses, and resolve disagreements (Iowa Code Section 598.41(5)(a)).

  7. 7

    Parents in an Iowa case involving custody or visitation must complete a court-approved course about children's needs within 45 days, and a final decree is not granted until they comply, unless waived for good cause (Iowa Code Section 598.15).

Key decisions before you file

Before you file a Parenting Plan in Iowa, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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Iowa Requirements for Parenting Plan

  • Legal Custody and Physical Care

    Iowa uses legal custody, the authority to make major decisions, and physical care, where the child lives and who provides day-to-day care; Iowa says physical care rather than physical custody. A court may award joint legal custody and joint physical care (Iowa Code Section 598.41).

  • Best Interest, Maximum Continuing Contact

    Iowa courts order the custody arrangement that, insofar as reasonable and in the best interest of the child, assures the child the opportunity for maximum continuing physical and emotional contact with both parents (Iowa Code Section 598.41(1)). A history of domestic abuse creates a rebuttable presumption against joint custody.

  • Court Considers Joint Custody

    On the application of either parent, an Iowa court shall consider granting joint custody even where the parents do not agree, and if it does not grant joint custody it must cite clear and convincing evidence that joint custody is unreasonable and not in the child's best interest (Iowa Code Section 598.41(2)).

  • Joint Physical Care Parenting Plan

    When joint legal custody is awarded, an Iowa court may award joint physical care on the request of either parent, and before ruling it may require the parents to submit a proposed joint physical care parenting plan. If the court denies joint physical care, it must make specific findings of fact and conclusions of law (Iowa Code Section 598.41(5)(a)).

  • Joint Physical Care Plan Contents

    An Iowa joint physical care parenting plan addresses how the parents will make decisions affecting the child, provide a home for the child, divide the child's time between them, facilitate the child's time with the other parent, handle the child's expenses beyond child support, and resolve major changes or disagreements (Iowa Code Section 598.41(5)(a)).

  • Joint Legal Custody Decision Rights

    When one parent has physical care, the other parent remains a joint legal custodian with equal participation in decisions affecting the child's legal status, medical care, education, extracurricular activities, and religious instruction, and both parents have legal access to the child's medical, educational, and law enforcement records (Iowa Code Section 598.41(1)(e) and (5)(b)).

  • Court-Approved Parenting Course

    The parties to an Iowa action involving child custody or visitation must participate in a court-approved course to educate and sensitize them to the needs of the child, within 45 days of service of the petition, and a final decree is not granted until they comply, unless waived or delayed for good cause (Iowa Code Section 598.15).

  • Custody Set in the Decree

    Iowa does not use a single statewide numbered parenting-plan form. Custody is set inside the court's decree under Iowa Code Section 598.41, and where joint physical care is requested the court may require a proposed joint physical care parenting plan. The Iowa Judicial Branch provides family-law resources; attach your written Iowa parenting plan to your filings.

Frequently Asked Questions