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Legal Information: Iowa

Custody

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Laws current as of August 5, 2024

In which state do I file for custody?

You can usually only file for custody in Iowa if Iowa is your child’s “home state.” However, there are exceptions to the home state rule.

Iowa usually qualifies as your child’s “home state” if:

  • your child lives in Iowa and has lived in Iowa for the last six months in a row;
  • your child is no longer in Iowa, but Iowa is the last state where your child lived for at least six months in a row, and one of the child’s parents still lives in Iowa; or
  • your child is less than six months old but has lived in Iowa from birth.1

Leaving Iowa for a short period of time, such as going on vacation, usually does not change the child’s home state.2

1 Iowa Code §§ 598.201(1)(a); 598B.102(7)
2 Iowa Code § 598B.102(7)

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