Custody decisions in Iowa are made with one guiding principle: the best interests of the child. But what happens when the child has their own opinion about where they want to live? Do Iowa courts consider a child’s preferences when determining custody? The answer is yes, but with important limitations.

At Family Law Solutions of Iowa, LLC, our experienced child custody attorneys help you navigate this complex area of law. We help you determine the best interests of the children and prove it in court.  

Iowa’s Standard for Custody Decisions

In Iowa, custody is divided into two categories:

• Legal custody: The right to make major decisions about the child’s life, including education, healthcare, and religion.
• Physical care: Where the child lives and who provides daily care.

Courts aim to award joint legal custody whenever possible, but physical care can be awarded to one parent or shared by both parents. The overriding factor in all custody decisions is the child’s best interests, not the parents’ preferences or convenience.

Does the Child’s Preference Matter?

Yes, Iowa courts may consider a child’s preference, but it is only one of many factors. The weight given to the child’s opinion depends on several key considerations:

1. Age and Maturity

There is no fixed age at which a child’s preference becomes decisive in Iowa. However, the older and more mature the child, the more seriously the court may take their opinion. Generally:

• Children under 10 may have limited influence.
• Children between 10 and 14 may be heard but not necessarily followed.
• Teenagers 14 and older may have more sway, especially if their reasoning is sound and not influenced by pressure.

2. Reasoning Behind the Preference

Courts look closely at why a child prefers one parent over the other. If the preference is based on superficial reasons, such as fewer rules or more lenient discipline, it may carry little weight. On the other hand, if the child expresses a desire to stay in a stable school environment, maintain close relationships with siblings, or avoid conflict in one household, the court may take that seriously.

3. Signs of Undue Influence

Judges are cautious about preferences that appear coached or manipulated. If one parent has pressured the child to choose sides, the court may disregard the child’s stated wishes and even view the influencing parent unfavorably.

How Is the Child’s Opinion Presented?

Children do not typically testify in open court in Iowa custody cases. Instead, their views may be presented through:

• Attorney for the child: A court-appointed attorney who represents the child’s position in Court and reports that position to the Court.
• Guardian ad litem (GAL): A court-appointed advocate who represents the child’s best interests and may relay the child’s preferences.
• Custody evaluators or child and family reporters: Professionals who interview the child and parents and provide recommendations to the court.
• Private interviews with the judge: In rare cases, the judge may speak with the child privately in chambers to understand their perspective without exposing them to courtroom stress.

Other Factors Courts Consider

While a child’s opinion is important, Iowa courts also weigh other factors, including:

• Each parent’s ability to provide a stable, nurturing environment
• The child’s relationship with siblings and extended family
• History of domestic violence or substance abuse
• Each parent’s willingness to support the child’s relationship with the other parent

What Parents Should Know

If your child has expressed a preference in a custody matter, it is important to handle the situation carefully:

• Avoid pressuring or coaching your child
• Encourage honest communication with professionals involved in the case
• Focus on creating a stable, supportive environment that meets your child’s needs

Trying to manipulate your child’s opinion or use it as leverage in court can backfire and harm your case.

Consult an Iowa Family Law Attorney About Your Custody Case

Custody cases are emotionally complex and legally nuanced. If your child’s preferences may play a role in your custody dispute, consult an experienced Iowa family law attorney. They can help you understand how the court may view your child’s input and guide you through the process with your child’s well-being in mind.

Our lawyers at Family Law Solutions of Iowa, LLC can help with your child custody needs. Contact us today for a consultation regarding your case.