IOWA

NPO AFFILIATE | IA


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Highlights:

In instances of divorce or separation:

  • 97% of those in Iowa believe it is in the child’s best interest to have as much time as possible with each parent.

  • 94% in Iowa expressed a commitment to vote their beliefs in being “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent following separation or divorce when both parents are fit and willing to be parents.

  • 85% of those in Iowa indicated they would support a change in Iowa law that awards children as much time as possible with each parent.

  • 82% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict

  • 93% believe that both parents should have equal rights and responsibilities following divorce or separation.

  • 89% believe that Iowa should promote shared parenting for all children with separated parents.

POSITIVES:

  • Iowa's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • Iowa's PTA has an extraordinarily and unjustifiably high threshold of 128 days.

  • Iowa's PTA has an extremely large discontinuity (or discontinuities), creating an extremely large cliff effect or multiple cliff effects.

  • Iowa's PTA underestimates the fixed, duplicated costs involved in shared parenting.

  • Iowa's PTA does not take into account the effect on the payer parent's household.

2019 NPO Shared Parenting Report Card

WHY DID IOWA RECEIVE A D-?

POSITIVES:

  • Iowa has a strong presumption of joint legal custody. Iowa statutes require that “On the application of either parent, the court shall consider granting joint custody in cases where the parents do not agree to joint custody. If the court does not grant joint custody under this subsection, the court shall cite clear and convincing evidence, pursuant to the factors in subsection 3, that joint custody is unreasonable and not in the best interest of the child to the extent that the legal custodial relationship between the child and a parent should be severed.” IOWA CODE § 598.412.a.

  • Iowa statute requires that “[i]f the court denies the request for joint physical care, the determination shall be accompanied by specific findings of fact and conclusions of law that the awarding of joint physical care is not in the best interest of the child.” IOWA CODE § 598.41.5.a.

  • Iowa statutes state courts ”may provide for joint custody”...to “assure the child the opportunity for the maximum continuing physical and emotional contact with both parents.”

  • Iowa statutes specify a “friendly parent” factors in awarding custody. IOWA CODE § 598.41.1.c.

NEGATIVES: 

  • Iowa statutes do not explicitly provide for shared parenting during temporary orders.

  • Iowa’s presumption of joint physical custody is not as strong as its presumption of joint legal custody.