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In the context of a divorce or dissolution of marriage, "child custody" will usually refer to who has legal decision-making authority regarding your child. Typically this comes into play in major life issues such as choice of religion, education, healthcare, and participation in extra curricular activities. In two-parent, intact families, parents will often share decision-making authority. The decision making process will usually reflect mutual input from both parents. Other families may chose to let one parent take the lead when it comes to these decisions. Custody can be either "joint" - meaning shared between the parents, or; "sole" - meaning given to one parent to the exclusion of the other. The issue of where the child lives and how much time the child will spend with each parent are referred to in terms like "physical care" and "visitation".
Once parents file for divorce in Iowa, there can be conflicts as to the decisions affecting their child’s life. There may also be conflict on the matter of where the child resides and how much time the child will spend with each parent. Because "legal custody" only really affects the previously discussed decision-making authority, it is vital to speak with your lawyer about which parent will have "physical care" and how much "visitation" will likely be awarded under the particular facts of your case. Oftentimes, these terms can be confused by the divorcing parent who seeks physical care of the child. It is important to understand the difference between these concepts and your divorce attorney should be able to explain them to you in a way that is easily understandable. Each of these issues must be addressed separately by your family law attorney.
While it may not seem important when your case begins, having a detailed parenting plan can save headaches in the future if there are disputes. A detailed parenting plan will allow both parties to feel secure about how their children are being raised and help relive some anxiety related to the "new normal" after divorce. You should discuss the issues related to your parenting plan with your lawyer.
Factors the district court looks at: