Custody

There are exceptions to the “home state rule.” For example, it may be possible to file for custody in Iowa even if it is not the child’s home state because:

1. the child is present in Iowa and either:
   
   • the child has been abandoned; or
   • it is necessary in an emergency situation to protect the child because the child, a sibling, or parent of the child, is subjected to or threatened with mistreatment or abuse;¹ or
2. the judge determines that:
   
   • the child and his/her parent have “significant connections” in the state; and
   • there is substantial evidence in the state related to the child’s care, protection, training, and personal relationship.²

This can be very complicated and there are additional exceptions that could apply. Please talk to a lawyer in Iowa and in the state where your child was previously living to figure out where to file. To find a lawyer or legal aid program in your area, please visit the IA Finding a Lawyer page or you can reach out to the Legal Resource Center for Violence Against Women for information if you are a victim of abuse.

¹ Iowa Code § 598B.204(1)
² Iowa Code § 598B.201(1)(b)