When parents share custody of a child after a divorce or separation, relocation is one of the most challenging issues that can arise. Whether a parent wants to move across the state or to another part of the country, the decision affects their life, the child’s stability, and the other parent’s ability to maintain a close relationship.
At Feitelson Law Firm, our Des Moines family law attorney helps parents understand their legal rights and responsibilities when one parent wishes to move. Iowa law places the child’s best interests at the center of every relocation decision, meaning that the move must be carefully evaluated before it can be approved.
The Legal Standard for Relocation
Under Iowa Code Section 598.21D, a parent who has physical custody and intends to move more than 150 miles from their current residence must give the other parent advance written notice. The law recognizes that relocation can significantly change existing custody and visitation arrangements, so courts require a formal modification request.
The parent seeking to move must demonstrate that the relocation serves the child’s best interests.
Judges will evaluate several factors, including:
- The reason for the proposed move, such as a new job opportunity or proximity to family support.
- The move impacts the child’s relationship with the nonmoving parent.
- The ability of the nonmoving parent to maintain regular visitation or communication.
- The potential benefits of the move for the child’s quality of life, education, or safety.
- Whether the moving parent acts in good faith and does not attempt to interfere with the other parent’s rights.
Each case is unique, and the court focuses on what arrangement best serves the child’s emotional and developmental needs.
What Happens When Parents Disagree About the Move
Disagreements about relocation are common. One parent may believe the move offers a better future for the child, while the other fears losing consistent contact. When parents cannot agree, the court must decide whether to approve or deny the request.
During a relocation hearing, both parents can present evidence supporting their positions. This may include financial documents, school information, testimony about family ties, and statements from teachers or counselors. The judge will weigh all the evidence before making a final decision.
At Feitelson Law Firm, our Des Moines family law attorney helps clients prepare compelling evidence and arguments that focus on what is truly best for the child. We ensure your story is clearly heard and supported by strong documentation.
Modifying Custody and Visitation After Relocation
If the court approves the relocation, the custody order will likely be modified to reflect new visitation schedules. This could include longer but less frequent visits, such as during school breaks or holidays, as well as adjustments to transportation responsibilities and communication arrangements.
Modern technology can also help maintain a strong connection between parent and child. Virtual visitation through video calls, online chats, and regular phone contact is often included in updated parenting plans. Our firm assists clients in creating detailed and practical modifications that preserve meaningful parent-child relationships despite distance.
When a Move May Not Be Approved
Courts are cautious about relocations that could disrupt a child’s relationship with the nonmoving parent without clear benefits. If the court determines that the move would not serve the child’s best interests, the parent requesting relocation may have to choose between staying in Iowa and giving up primary custody.
Because the consequences can be significant, parents should seek legal advice before relocating. Acting without proper notice or court approval can lead to serious legal consequences, including contempt of court or loss of custody rights.
Consult the Des Moines Family Law Attorney at Feitelson Law Firm
Relocation cases require careful planning, detailed evidence, and experienced legal guidance. At Feitelson Law Firm, our Des Moines family law attorney works closely with parents on both sides of relocation disputes. We explain your rights, outline the legal process, and help you pursue a resolution that protects your child’s best interests while respecting your role as a parent.
Contact Feitelson Law Firm today to schedule a consultation and discuss how Iowa law applies to your relocation or custody concerns.
