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EspañolIf the judge makes a custody and visitation order I don’t agree with, what can I do?
There are a couple of legal steps that can be taken immediately after the judge makes the order if your situation fits the circumstances explained below:
- A motion for reconsideration asks the judge to decide differently based on the law or new evidence.
- An appeal moves the case to a higher court and asks that court to review the lower court’s decision due to a judge’s error.
A motion or petition to change (modify) the order is a legal request that would not be filed right away. You could ask for a modification if, later on, a substantial change of circumstances happens. A few examples could be if the other parent gets sent to jail, gets charged with child abuse or neglect, or moves to another state. If you are already divorced, a petition for a change in custody can be filed in the county where the divorce was issued.
Learn more about these options in our After a Decision is Issued section. To find out how the process works in your area and get advice for your specific situation, contact a local lawyer. Go to our IA Finding a Lawyer page for legal referrals.
If the other parent isn’t following the custody or visitation order, what can I do?
If the other parent doesn’t follow your temporary or final custody and visitation order, you can file for contempt. If the judge believes the other parent purposely disobeyed the order, the judge can hold him/her in contempt and send him/her to jail for up to 30 days. Alternatively, the judge can instead do any of the following:
- give you extra visitation to make up for missed visitation time;
- give you joint custody or change which parent has custody;
- require both parents to participate in mediation to work out joint custody issues;
- direct both parents to provide contact with the child through a neutral third person or a neutral site or center; or
- order other specific requirements to deal with the violation.1
If you win the contempt case, the judge can order the other parent to pay for your attorney’s fees and other court costs.2
1 Iowa Code § 598.23
2 Iowa Code § 598.24
How can I change my custody and visitation order?
If you want to change (modify) your custody and visitation order, you can file a modification petition in court. However, generally, the judge will not change a final custody and visitation order unless:
- there has been a substantial change in circumstances after the final order was issued; and
- the change the parent is asking for is in the child’s best interest.1
Note: Moving may be a reason to modify a custody order. See What do I have to do if I want to relocate with my child?2
If you file to modify your order because you and the other parent disagree about the custody arrangement, the judge can require you both to participate in mediation to work out your differences. However, the judge cannot require mediation if s/he believes that:
- there is a history of domestic abuse; or
- mediation is likely to cause direct physical harm or significant emotional harm to your child, other children, or you.3
Additionally, the judge can temporarily change your custody and visitation order if you or the other parent are in the military and deploying.4
1 In re Marriage of Federici, 338 N.W.2d 156 (Iowa 1983)
2 Iowa Code § 598.21D
3 Iowa Code § 598.41(8)
4 Iowa Code § 598.301
What do I have to do if I want to relocate with my child?
It’s a good idea to first check if your existing custody and visitation order says anything about moving. If you have joint legal custody and physical care or sole legal custody, and you want to move with your child, you may need to file in court to change your order and get the judge’s permission to move. The judge can consider moving 150 miles or more away from where the child lived at the time you got the custody order to be a substantial change in circumstances for the purposes of changing your order.1
If the other parent does not agree with your plan, s/he can try to convince the judge that moving is not in your child’s best interest.2
If the judge agrees to let you move, the judge can change the order to keep your child’s existing relationship with the other parent intact as much as possible. For example, the judge can include in the order:
- extended visitation with the other parent during the child’s summer vacations and school breaks;
- scheduled telephone calls for the other parent and the child;
- either or both parents to transport the child for visitation; and
- a requirement for you to post a cash bond to make sure you follow the visitation order if the judge believes you interfered with the child’s access to the other parent in the past.1
1 Iowa Code § 598.21D
2 In re Marriage of Lower, 269 N.W. 2d 822 (Iowa 1978)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
