Children bring us joy, responsibility, and stress. And they can bring another parent, with rights and legal responsibilities. Navigating that coparenting relationship can be frustrating and stressful. A custodial order and parenting plan can relieve some of that stress by specifically defining legal rights, setting holiday schedules, establishing clear rules, and creating enforceable boundaries. Whether you anticipate an amicable agreement or face high-conflict disputes, an experienced child custody attorney will protect your parental rights and prioritize securing a stable future for your family. For an Iowa criminal defense or family law attorney, contact the legal team at Parker Law Office PLLC today.
Joint Legal Custody vs. Sole Legal Custody
The rights and responsibilities of a parent are governed under Joint Legal Custody, where the rights and responsibilities are shared between the parties or Sole Legal Custody where such decisions are made by a single party. Although Joint Legal Custody is far more common in Iowa, there are specific situations and considerations that should be discussed with an attorney to determine the appropriate fit for your child's life.
Child Support
Calculating Child Support is mandatory under Iowa law. Set by law and calculated using evidence regarding income, child support calculators analyze income and specific deductions before outputting guideline numbers for the Court to consider.
Family law matters generally follow a similar timeline. This can be a stressful and confusing time. We strive to explain and simplify the process, while taking that burden off your shoulders, keeping you informed as your case progresses. Below is a summary of the steps you may encounter.
Petition for Custody, Care and Support
The first legal step to officially determining custody in Iowa is through a Petition for Custody, Care and Support, a request to the Court of the wish to dissolve a marriage and providing notice to the opposing party of that wish. There are legal requirements attached to this document and must be discussed with an attorney prior to proceeding. Generally speaking it notifies the Court whether this is regarding property, debts, spousal support, and whether children are involved. Once filed, the Petitioner is required to have the document served on the opposing party. After service the Respondent has twenty days to file an Answer.
Answer
If you have been served with a Petition for Custody, it is important to immediately seek out legal counsel to protect yourself and your rights. You have twenty days to file an Answer, which is a document responding to the Petition and letting the Court know your position on their claims. Not filing an answer can lead to a Default Judgment being entered by the Court, which may grant the Petitioner their requests in full. This is also the time to discuss potential defenses or counterclaims with your attorney, positioning yourself to best move your case forward.
Temporary Custody Hearing
The Court will determine custodial and parenting rights as well as child support and other issues at the Trial, however, that can be months or even a year away. Talk to an attorney about a Temporary Custody Hearing wherein the Court can consider on a summary basis what rights, responsibilities and support should be in place while the case is pending. Judges will generally notify the parties that this is a temporary determination based on limited evidence and therefore should not be considered as determinative of issues at an eventual trial.
Mediation
Mediation is becoming more and more commonplace and required by more courts in more jurisdictions. Mediation is a process in which a mediator, commonly a practicing attorney in Iowa, arranges for a meeting between the parties to discuss the issues and potential resolution. It is a voluntary process and the mediator does not have authority to enter judgment or decide the issues, they are there to talk to both sides in an unbiased manner and seek to move the parties closer to settlement. When mediation is successful it generally results in the parties signing an agreed upon Stipulation which lays out the terms and conditions for legal custody, care and child support. When mediation is unsuccessful in resolving the entirety of the case, a mediation report is filed with the Court notifying that trial is still necessary. The Court will then schedule a Trial Scheduling Conference for the purpose of setting a trial date and instituting deadlines and requirements ahead of that trial
Trial Scheduling, Discovery and Pretrial/Settlement Conference
The Trial Scheduling Conference is typically handled by the attorneys with the case coordinator, determining the issues to be considered, length of trial, and then obtaining available trial dates. Trials are scheduled months in advance and may be dependent on the length of trial needed due to complexity of the issues. Once trial is scheduled the Court generally issues an order setting discovery deadlines and schedules a Pretrial or Settlement Conference. Discovery may consist of obtaining records, requests for production, interrogatories and even depositions. Discovery can be a complex and daunting process and having experienced and knowledgeable counsel can guide you through this process, obtaining the evidence necessary to succeed in your case.
Trial
If a case does not resolve or settle, it eventually ends at a trial in front of a Judge who will determine the outcome of each of the issues raised. This is the end point that you and your attorney prepare for, often with the hope that a case will settle before it becomes required. This is one of the most frequently asked questions, whether a trial will be necessary. An experienced attorney may provide guidance, advice and even an estimate, but will prepare as if a trial will always be necessary. At trial, the parties appear before a Judge, testify and explain their positions. Witnesses may be called and exhibits submitted, with the ultimate goal that the Judge will find in your favor. At the end of trial the Judge will generally take the case and issues under advisement and issue written findings and rulings at a later date.
*Any information provided herein is for informational purposes only, does not create an attorney-client relationship without a signed Fee Agreement by both client and attorney. As the legal process is always changing, the accuracy of any information provided may be out of date and an attorney should be consulted.*
*The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.
© Parker Law Office PLLC 2026