A parent who has a child has a legal right to make decisions about that child, commonly referred to as child custody. Many times, when the parents of a child are not married, a court will provide an order that outlines the custody arrangements, which includes who will be responsible for making decisions about the child, such as where they will live.
A parent who is awarded most of the rights of a child and with whom the child will live for most of the time is called the custodial parent. This is the parent who handles the day-to-day issues related to the child as well as makes decisions about their:
- Healthcare
- Education
- Religion
- Other issues that are usually decided by the primary caretaker of a child
The parent who is not the custodial parent is called the noncustodial parent. This parent typically receives visitation rights and is often required to pay child support to the custodial parent.
In the State of Iowa, the mother will typically have custody of the child if the parents are not married when the child is born. This means the mother has the right to make decisions regarding the child and care for the child.
In Iowa, as in other states, the father may acknowledge or establish paternity and obtain legal rights related to the child. This can be done by putting his name on the birth certificate or by completing a voluntary acknowledgement of paternity.
This is a form that can be completed at any time at no cost to the parents. Once the parents complete the form, they must submit it to the proper agency.
Once the unmarried father establishes paternity, any dispute involving child custody or child support will be handled as though the parents are married. If there is a situation where the mother does not want the father to share parenting time, the court may still provide a custody order that attempts to preserve both of the parental relationships.
When courts make determinations involving children, they use the child’s best interest standard. Under this standard, the best interests of the child are considered over the needs or preferences of the parents.
What Rights Does an Unmarried Father Have if He Is on the Birth Certificate in Iowa?
In the State of Iowa, just as in other states, the rights of the unmarried biological father will differ depending on their legal classification, including:
- Presumed father: A father may be presumed based on certain facts, such as:
- The child is born during or shortly after a divorce, and the husband of that marriage is considered to be the father
- Paternity was voluntarily acknowledged
- The father openly treats the child as his own
- Putative father: This is a biological father who has not legally established paternity.
- Unmarried father: This is a child’s biological father who was not married at the time their child was born.
If the unmarried father is on the child’s birth certificate in Iowa, they will have full legal rights and obligations related to caring for their child. This may include paying child support if they are a noncustodial parent.
If an individual in Iowa has any concerns or questions regarding their legal status as a parent, they should reach out to a local attorney in Iowa for a legal consultation.
Can a Mother Keep a Child Away from the Father in Iowa?
In general, a mother in Iowa cannot keep a child away from their father unless the father is considered an unfit parent. Iowa laws require a court to consider the best interests of the child and provide individuals with custody arrangements that give the child the best chance for continuing emotional and physical contact with both of their parents.
There is no presumption of joint custody in Iowa, but it must be considered by courts when requested. If it is denied, the court must explain why it would not be in the best interests of the child.
A parent may be deemed unfit if they have issues with substance abuse, physical abuse, or other issues that may result in danger or harm to the child.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
If there is a custody battle between unmarried parents, the child custody laws for unmarried parents will apply. Because these laws can vary by state, it is essential to consult with an Iowa attorney to determine what laws will apply.
In most cases, a court will order joint custody or shared custody. In these situations, one of the parents will be named the custodial parent.
Typically, noncustodial parents will be provided visitation rights. Only in situations where the parent is deemed unfit will they not be provided these rights.
If a paternity issue or dispute arises, either parent may request that the family court establish paternity. This will only be required if the father’s name was not put on the birth certificate or if they did not sign the voluntary acknowledgement of paternity.
When the court establishes paternity, it is typically done using a DNA test. Once the father’s paternity has been legally established, they will have the same rights as a married father.
If the parents are able to do so, they can avoid a custody battle by drafting their own custody agreement and having the court approve it. Even if the parties do reach an agreement, the court will still use the child’s best interests standard when making any child custody decision, including approving the agreement.
In these situations, both parents should have legal representation. A lawyer can help them ensure that they know the consequences of any possible agreement they reach.
A lawyer will also ensure the rights of the parent are protected while providing perspective on how the court will view what is in the best interests of the child.
What Are Some Other Issues That Unmarried Parents May Experience?
Numerous other issues may need to be considered by unmarried parents of children. One of these is filing taxes, as only one parent is permitted to claim the child on their taxes each year.
Another issue for unmarried parents may be child support. The custodial parent is entitled to receive financial support from the noncustodial parent for the care of their child. It is important to be aware that if a step-parent adopts the child, the noncustodial parent who was paying child support will not have to make those payments anymore.
Jurisdiction may also be an issue for unmarried parents who reside in different states. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the home state of the child will be the court that has jurisdiction over any child custody issues.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you or your child live in Iowa and you have any issues, questions, or concerns related to child custody, it is essential to reach out to an Iowa child custody lawyer for help. The best interests of your child will always be considered by a court over everything else, including your wishes.
Your child custody lawyer will advise you on the Iowa laws that will apply in your case, how you can protect your interest as well as your child’s, and what strategies you can use to try and reach a custody agreement with the child’s other parent. This can be very helpful, as you can make an agreement that works for your unique situation.
With LegalMatch, you can access a database of licensed and prescreened lawyers who can help you with your Iowa custody concerns. Simply submit your issue for free on the website, and you will receive responses from lawyers ready to help within about 24 hours.
