Trust the Iowa Divorce Lawyers at Hillers Legal, P.C.

Child custody and parenting time (or visitation) issues are often the most emotionally charged aspects of a divorce or separation. These matters can be particularly difficult for the parties involved and, at times, challenging for the courts to resolve. At Hillers Legal, P.C., our experienced Iowa divorce lawyers are dedicated to helping parents navigate these complex issues while always prioritizing the best interests of the children.

In Iowa, child custody arrangements are divided into two primary components: legal custody and physical custody.

• Legal Custody: This refers to the right of a parent to have input on major decisions about the child’s life, such as education, healthcare, and religious upbringing, as well as access to critical information about their child.
• Physical Custody: This determines where the child will reside and can take different forms. A parent may have primary physical care, where the child lives primarily with one parent, or the parents may share joint (or shared) physical care, allowing the child to spend significant time with both parents.

At Hillers Legal, P.C., our Iowa divorce lawyers work tirelessly to help parents establish fair and workable custody arrangements that meet the needs of their family. Whether the goal is joint custody or primary custody, we provide skilled guidance to ensure the arrangements are rooted in what matters most: the best interests of the child.

Best Interests of the Child: The overarching principle in child custody cases is the best interest of the child (In re Marriage of Brainard, 523 N.W.2d 611 (1994)). This includes ensuring the child has maximum continuing physical and emotional contact with both parents, unless such contact would likely result in direct physical or significant emotional harm (In re Marriage of Rykhoek, 525 N.W.2d 1 (1994)), (In re Marriage of Drury, 475 N.W.2d 668 (1991)).

Factors Considered: Courts consider numerous factors to determine what arrangement serves the child’s best interests. These factors include:

1. The suitability of each parent as a custodian (Iowa Code § 598.41).
2. The psychological and emotional needs of the child and whether these needs will suffer due to lack of active contact with both parents (Iowa Code § 598.41).
3. The ability of the parents to communicate and cooperate regarding the child’s needs (Iowa Code § 598.41).
4. The history of each parent’s active involvement in the child’s life before and after separation (Iowa Code § 598.41).
5. Each parent’s support for the other parent’s relationship with the child (Iowa Code § 598.41).
6. The child’s wishes, taking into account the child’s age and maturity (Iowa Code § 598.41), (McKee v. Dicus, 785 N.W.2d 733 (2010)).
7. The geographic proximity of the parents (Iowa Code § 598.41).
8. Any history of domestic abuse (Iowa Code § 598.41).
9. Whether a parent has allowed a person with a history of abuse or who is a registered sex offender to have custody or unsupervised access to the child (Iowa Code § 598.41).

While the child’s preferences are not controlling, they are relevant, especially if the child is of suitable age, intelligence, and maturity (McKee v. Dicus, 785 N.W.2d 733 (2010)), (In re Marriage of Kisting, 6 N.W.3d 326 (2024)). The court considers the child’s age, educational level, the strength of the child’s preference, the child’s relationship with family members, and the reasons for the child’s preference (McKee v. Dicus, 785 N.W.2d 733 (2010)).

Parenting Time and Visitation Arrangements in Iowa

Regardless of the custody arrangements, the courts also establish parenting time (commonly referred to as visitation) to ensure the child maintains meaningful relationships with both parents. These schedules can be as simple or detailed as needed, taking into account the family’s unique circumstances, including work schedules, school commitments, and the child’s developmental needs.

For families in which the parents live in different states, disputes may arise over which state has jurisdiction to address custody or visitation issues. The attorneys at Hillers Legal, P.C. have considerable experience handling these complex interstate custody conflicts under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). We act quickly and decisively to resolve jurisdictional disputes, ensuring the best possible outcome for our clients and their children.

Liberal visitation rights are generally considered in the best interest of the child, ensuring the child has frequent and continuing contact with both parents (In re Marriage of Weidner, 338 N.W.2d 351 (1983)). The court may also consider the feasibility of visitation and ensure it is safeguarded by definite provisions in the custody order (Willey v. Willey, 253 Iowa 1294 (1962)).

How Hillers Legal, P.C. Can Help With Iowa Child Custody Cases

At Hillers Legal, P.C., we understand the deeply personal and high-stakes nature of child custody and visitation issues. Our experienced Iowa divorce lawyers are committed to helping families create parenting plans that work, whether through mediation, negotiation, or, when necessary, litigation.

Our attorneys can assist with a wide range of custody-related matters, including:

• Establishing or modifying custody and visitation arrangements
• Determining legal and physical custody
• Resolving interstate custody disputes under the UCCJEA
• Creating parenting time schedules tailored to the family’s unique needs
• Advocating for the best interests of the child in contested custody cases

We recognize that no two families are the same, and every custody case presents its own challenges. That’s why we take a personalized approach to every client’s case, working closely with you to understand your goals and develop a strategy to achieve them.

Why Choose the Iowa Divorce Lawyers at Hillers Legal, P.C.?

When you’re facing one of the most important decisions of your life—determining custody and visitation arrangements for your child—you need a legal team you can trust. The lawyers at Hillers Legal, P.C. bring a combination of compassion, experience, and skill to every case we handle.

• Experience in Complex Custody Cases: From local disputes to interstate jurisdictional conflicts, we have the knowledge and experience to handle even the most challenging custody matters.
• Client-Centered Approach: We listen to your concerns, explain your options, and work collaboratively to achieve the best possible results for your family.
• Skilled Negotiators and Litigators: Whether your case requires mediation, negotiation, or courtroom advocacy, our team is prepared to fight for your rights and the best interests of your child.
• Comprehensive Support: We guide you through every step of the process, helping you make informed decisions and ensuring that your child’s welfare is always the top priority.

Take the First Step Toward Resolving Custody Issues Today

If you’re facing child custody or parenting time challenges, the Iowa divorce lawyers at Hillers Legal, P.C. are here to help. We understand how overwhelming these issues can be, but with the right legal team by your side, you can navigate the process confidently and protect your child’s future.

Call us today at 515-981-2004 or complete our online consultation form to schedule an initial consultation. Let the skilled attorneys at Hillers Legal, P.C. guide you through this emotional and complex time with the care and expertise you deserve.