Babich Sarcone Attorneys At Law
Babich Sarcone Attorneys At Law

Powerhouse Attorneys Fighting For Your Rights

Helping You Attain The Best Custody And Visitation Plan For Your Children

Last updated on September 21, 2026

Divorce can be tough on children. They have to adapt to a lot – new schedules, two houses to live in and a dramatically shifted dynamic between their parents. Because of this, Iowa law focuses child custody and visitation decisions on what is in their best interests.

At Babich Sarcone, our family law attorneys bring an energetic and thoughtful approach to hammering out child custody, visitation and parenting time plans. While they can be aggressive in the court room, they strive to create a supportive and compassionate environment when meeting with clients. Our lawyers can explain each aspect of this area of divorce law to you carefully, in plain language.

Iowa’s New 2026 Emergency Protective Order Laws

How Custody Is Determined In Iowa

There are several important things to know about Iowa custody and visitation laws:

  • There is a difference between how the court views legal and physical custody. Iowa courts have a strong preference for awarding joint legal custody (the right to make major decisions about schooling, religious training and the like). Physical custody – where the child will live – does not necessarily have to be joint.
  • Judges have broad discretion in how they evaluate custody matters. Factors they may assess include you and your ex’s health, emotional state and income; any history of domestic abuse in the family; each child’s individual needs; each parent’s ability to provide a stable home; and (for older children) the child’s preference regarding custody.
  • Many custody matters can be settled in mediation. Many Iowans will be required to attempt to mediate their divorce first. This is an excellent opportunity for you to craft a unique custody plan that will suit the needs of your children.

If you believe you may have a challenge to attaining the custody or visitation level that you feel is best for your child, our attorneys can counsel you on the steps you can take to prove you are a stable and supportive parent.

Legal Custody And Physical Care

Iowa separates where your child lives from who makes major decisions about their life. Physical care covers their home and daily needs, while legal custody covers choices about school, medical care, religion and other important matters.

With joint physical care, you and the other parent each provide a home and handle day-to-day responsibilities, though your child need not spend equal time in both homes. If one of you has primary physical care, your child lives mainly with that parent and follows a parenting-time schedule with the other.

Even if you have primary physical care, you do not make major decisions alone when you share legal custody. Both parents have equal rights in those decisions and, unless the court orders otherwise, access to school and medical records.

When either of you asks for joint physical care, the judge considers how well you communicate, the care each of you provided before and after separation, the distance between your homes and any safety concerns. If the judge denies the request, the decision must include specific findings explaining why the arrangement is not in your child’s best interests.

Parenting Plans And Modifications

A parenting plan puts a custody order into a routine for two homes. It should address these practical details:

  • A regular schedule, with exchange times and locations
  • Holiday and summer rotations, including alternating special dates each year
  • Extended visits when distance makes weekly exchanges difficult
  • Transportation duties and steps for settling schedule disputes
  • A method for sharing updates about school, health and activities

To change physical care after an order, you must show it is more likely than not that circumstances have substantially changed. The shift must have been unforeseen when the court entered the order, more or less permanent and tied to your child’s welfare. School attendance records and testimony about daily care offer concrete ways to show how the change affects your child.

In Skaggs v. Carson (2026), the Iowa Court of Appeals found that an anticipated, temporary absence did not justify changing physical care. Changing visitation has a lower burden: you must show a material change and that the new schedule serves your child’s best interests.

Hire The Child Custody Advocate You Need

You know best about what your children need to thrive. Let us help you protect them with a fair and appropriate custody plan. Call our Des Moines office at 515-817-1870 or use our online contact form to set up an initial confidential consultation on your case.