Custody arrangements are not always permanent, and they can change. Maybe one of the parents needs to move, the child needs to go to a new school, or some other change is required. You can request a custody modification when it is in your child’s best interests. How do you go about it? An experienced Iowa child custody lawyer can walk you through the process and help you make the right decisions for your family. 

At Family Law Solutions of Iowa, LLC, a skilled custody modification attorney is ready to give you the help you need. Speak with us about how we can help in your individual case. 

What Do I Have to Show for an Iowa Custody Modification?

It’s not enough to want to change child custody arrangements, you have to show why it is appropriate. Iowa Code section 598.21C provides the factors needed to show why custody modification might be appropriate. These include, but are not limited to:

• A substantial change in circumstances
• Some change occurred that was not anticipated during the first decree
• The change is the child’s best interests
• There is some permanency to the change

What Kinds of Changes Qualify for a Modification?

Some common examples of changes include:

• When a parent changes their city or state
• If one parent is abusing or neglecting the child
• Major changes in a parent’s work schedule
• Changes in school needs
• Changes in the child’s medical needs

Many more situations can apply, so ask your lawyer about whether you situation is appropriate to request a change.

Steps for Requesting a Modification

Steps for filing a modification will often include the following:

File the Original Petition in Court

You start the process by filing your petition for custody modification. This usually goes to the court that did the original order. It must tell the court why modification is appropriate.

Give the Other Parent Notice of Your Request

You must notify the other parent of the request through the formal legal process. This ensures they know about it and have the opportunity to respond.

Get Ready for and Attend the Hearing

If the parties cannot negotiate a resolution ahead of time, they will prepare for the hearing and go to court. Here, the court will decide upon the request.

The Court’s Decision

The court will decide whether the modification is permissible and in the child’s best interests. You can appeal the decision with the help of an experienced attorney.

What Does This Actually Look Like?

Let’s use an example to help illustrate this. Bob is the father of two kids with his ex-wife, Betty. Bob has had nearly equal parenting time for about three years since the divorce. Now, Bob will move to Ohio for a job opportunity. This long-distance will make it difficult to maintain the current schedule.

Bob and Betty tried to come to an agreement themselves, but couldn’t. They each hired an attorney and went to court to determine what should occur. Each party presented evidence about the impact on the kids, travel costs, and other key factors. The court found that Bob’s new address was a substantial change in circumstances, granted Betty’s motion to modify, and set a new visitation schedule.

Work with a Custody Modification Attorney in Iowa

Custody modification may mean asking for a very simple change, or it could be a major one. Many of these issues can be resolved amicably, especially if you have an experienced negotiator in your corner. Some must go to hearing, in which case you definitely want an experienced attorney at your side. 

Our lawyers at Family Law Solutions of Iowa, LLC are ready to help. Contact us today for a consultation of your case.