Child Custody--Mine, Yours (Ours)

Custody and visitation are fighting words. While lawyers and judges are now casting aside the term "visitation" for the less confrontational term "parenting time" (what parents wants to "visit" their child?), the issues are the same.

Any attorney you hire should emphasize the needs and interests of the children, not the rights of the parents. This includes children as young as infants. Gone are the days when experts and court systems believed that a non-custodial parent should be away from his/her primary care-taker for only a few hours. The antiquated approach prevented courts from allowing a father (or mother) to spend overnights with young children essentially stating that a father's rights were less important than the child's need for an undisturbed bonding experience with Mom. Luckily, Iowa Courts have re-evaluated this position and are more apt to entertain requests for joint physical custody.

"Custody" consists of both legal and physical custody. Generally speaking, "legal custody" refers to major decision making such as medical, educational and religious matters while physical custody refers to residence and primary parenting responsibilities. Custody can be shared (joint cusotdy) or delegated to one parent (sole custody). Since each family situation is different, custody arrangements differ as well. Therefore, it is important to consult with your attorney to assess your situation from both a practical and legal perspective to determine what custody arrangement is most appropriate for you.

This blog is provided for general purposes only. You are cautioned not to attempt to solve your individual legal problems upon the basis of the information contained herein because slight changes in factual situations may require a material variance in the applicable advice.