Filing for Child Custody in Iowa — With or Without Divorce

Filing for child custody is the first step toward getting a custody decree.

Married parents request custody when they file for divorce. Parents who are not married request custody as a standalone case.

You will have to pay about $200 to file a custody case and $265 to file a divorce case unless you show you can't afford it.

The parent who files the petition is the petitioner. The other parent is the respondent.

Forms you'll need

Fill out the relevant forms for your case type. You can find divorce forms and custody and visitation forms on the Iowa Judicial Branch's website.

Perhaps the most important document you'll file is your parenting plan. Make it thorough to prevent future disputes over your child. You can add custom provisions like requirements for babysitters or how parents may contact each other.

All cases

• Agreed Parenting Plan: Explains parenting arrangements both parents agree to (Use the Custody X Change parenting plan template instead for more detail and flexibility.)
• Proposed Parenting Plan: Informs the court of a parent's preferred parenting arrangement when there's no agreement (Use the Custody X Change parenting plan template instead for more detail and flexibility.)
• Protected Information Disclosure (electronic filing only): Provides the full version of any information redacted or omitted from your petition so it does not become public record (Use the Confidential Information Form if filing by paper.)
• Original Notice for Personal Service: Informs the respondent of the case and how they can respond
• Application and Affidavit to Defer Payment of Costs: Requests to waive or postpone court fees

Dissolution of marriage (divorce)

In addition to the forms that apply from the list for all cases above:

• Petition for Dissolution of Marriage With Children: Asks the court to end your marriage and decide custody, set child support, divide property and more
• Settlement Agreement: Details the divorce terms parents agree to
• Petition Cover Sheet (paper filing only): Lists basic case details like parents' names and the case number

Custody and visitation (without divorce)

In addition to the forms that apply from the list for all cases above:

• Petition for Custody and Visitation (Parents Not Married): Asks the court for a custody and visitation decree
• Settlement Agreement for Custody & Visitation: Explains custody and visitation agreements reached by the parents beyond what the parenting plan covers
• Petition Cover Sheet (paper filing only): Lists basic case details like parents' names and the case number

Filing electronically

Electronic filing is generally required. Follow the instructions for electronic filing to get started.

After filling out your forms, print two copies and sign them. (One is to give to the respondent, and one to keep for your records.) Scan one of each form type to your computer. Submit them electronically to the court. You'll get a Notice of Electronic Filing once the court processes your petition.

Service

You have 90 days from filing your petition to serve the respondent with a copy of your original notice, petition and Protected Information Disclosure (if you e-filed). Otherwise, the court will dismiss your case.

You must serve via paper even if you filed electronically.

There are three ways to serve.

Option 1: Hand-deliver or mail the copies

You can hand-deliver or mail copies to the respondent yourself. Fill out the top of the Acceptance of Service form. The respondent must fill out the rest of the form after receiving it as part of the service packet.

Once they've signed the form, file it with the court however you filed your petition. If via paper, make a copy to keep for your records and give the original to the court.

Option 2: Ask someone else to serve

Anyone 18 or older can serve the respondent for you.

County sheriffs and process servers are available to serve for a fee. A county sheriff must serve if the court approves your request to defer fees. Give the county sheriff or process server two copies of each of the following:

• Original Notice
• Petition
• Directions for Service
• Protected Information Disclosure (if you e-filed)

The server must fill out an Affidavit of Service, and they can file it with the court or give it to you to file. There's an Affidavit of Service for custody and visitation cases and one for divorce.

Option 3: Serve via publication

If you've tried unsuccessfully to locate the other parent, you can ask the court for permission to inform them of the case through a newspaper notice.

Preparing for what comes next

Once you file all your paperwork, your case will be slotted for review.

If you filed a full agreement, a judge will sign your final orders to close your case, as long as they consider it to be in your child's best interest. You may have to appear in court to confirm your agreement.

If you haven't reached agreement with the other parent, you'll prepare for mediation. Take advantage of technology to be ready.

The Custody X Change online app offers custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.

Be prepared for mediation and every step of your case with Custody X Change.