Do You Have Options?

Relocating as a parent in Iowa presents unique challenges, especially when custody orders are in place. The law in Iowa mandates that parents who wish to relocate with their child must provide proper notice to the other parent. The law prioritizes the child’s welfare and the impact of the move on existing custody arrangements, requiring the petition to move to be thoroughly examined.

Iowa Statute 598.21D: Relocation & Child Custody Modification

Iowa statute 598.21D addresses situations where a parent with joint legal custody or sole custody intends to relocate with a minor child to a location at least 150 miles away from where custody was initially granted. This statute acknowledges such a move as a significant change in circumstances that may warrant modifying the existing custody order.

Safeguards Against Parental Alienation

When considering the relocation, the court aims to preserve the relationship between the child and the non-relocating parent as much as possible. Should the custody order be modified, it may include provisions for extended visitation, particularly during holidays and school breaks, as well as scheduled communication between the child and the non-relocating parent. Additionally, the court may assign transportation responsibilities for visitations to one or both parents.

If there is evidence that the relocating parent has previously interfered with the child’s access to the other parent, the court may require a cash bond to ensure compliance with the visitation terms.

Considering the Best Interests of the Child

When contemplating relocation, the court will primarily evaluate the child's best interests. While moves are often necessary, the court wants to make sure that the move serves the child and doesn’t inhibit their having a meaningful relationship with their other parent.

Factors the court will consider include:

• The reason for the proposed relocation.
• The child’s relationship with both parents and other family members.
• The move's potential impact on the child’s education, community ties, and social life.
• The feasibility of maintaining a meaningful relationship with the non-relocating parent.

Parents seeking to relocate should prepare to demonstrate how the move will serve their child's best interests, whether it be through enhanced opportunities, better living conditions, or improved overall stability.

Options Available for the Custodial Parent

As the primary custodial parent wanting to relocate with your child, preparation is critical. This means more than finding a suitable home, school, and community in your new location.

If you are the primary custodial parent, we encourage you to:

• Communicate with the other parent: Open dialogue can lead to amicable arrangements. When your co-parenting relationship supports it, consider discussing your reasons for moving and showing how it can benefit your child.
• Legal consultation: Speak with a family law attorney who understands Iowa's custody laws, like ours, at The Law Office of Mark R Hinshaw. We can help you navigate the legal requirements associated with custody modifications and provide guidance on presenting your case effectively in court.
• Learn about the modification process: If moving is essential, you may need to apply for a modification of the existing custody order if the non-custodial parent opposes the move. The sooner you start learning about this process, the better.

Options for the Non-Custodial Parent

If you're the non-custodial parent considering a move, you must communicate your intentions to your child's other parent and ensure you adhere to any legal obligations outlined in your custody agreement. You should also file an official modification request to update the custody terms, especially since moving can significantly impact visitation schedules and your child's relationship with both parents.

Tips for maintaining your relationship with your child after a move:

• Establish regular communication through phone calls, video chats, or messaging platforms to stay connected.
• Plan specific visitation times around holidays, weekends, and school breaks to ensure quality time together.
• Involve your child in discussions about the move to help them understand and prepare, reinforcing that they are not losing you despite the distance.
• Consider sending letters, care packages, or small gifts to remind your child of your support and presence.

Filing a modification request is vital, as it legally addresses the changes in your custody arrangement and ensures the court records any agreements related to visitation after your move, protecting your rights as a parent.

Moving can be difficult for children, especially those whose parents are divorced. Reach out to our firm online to schedule a consultation. We are here to help you through this.