When a married couple chooses to separate or divorce in Iowa, they have a legal duty to create a parenting plan, which includes child custody and visitation arrangements. Unfortunately, parental alienation is a common issue that arises in divorce cases, and it can be challenging to resolve without legal support. In this article, we’ll explore how Iowa handles parental alienation during a divorce.
What Is Parental Alienation?
Parental alienation occurs when one parent influences a child’s opinion about the other parent, causing the child to have negative feelings toward the other parent. This can occur intentionally or unintentionally, but its effects can be long-lasting and damaging to the relationship between the child and the alienated parent.
Iowa’s Custody Laws
Iowa has two types of custody arrangements: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody refers to the parent’s authority to make important decisions on behalf of the child, such as medical treatment and education.
In Iowa, the courts prefer joint custody whenever possible, which involves both parents sharing responsibility for the child. However, in cases where one parent is deemed unfit or unable to properly care for the child, the court may award sole physical custody to the other parent.
Resolving Parental Alienation in Iowa
If you believe that your spouse is engaging in parental alienation, it’s important to seek legal assistance. Here are some steps you can take in Iowa to address parental alienation during a divorce:
1. Request a Modification of Custody
If you have evidence that your spouse is alienating your child from you, you may request a modification of custody. This involves going to court and asking a judge to change the existing custody agreement to help preserve your relationship with your child.
2. Attend Mediation
Before going to court, you and your spouse may be required to attend mediation to resolve any disputes regarding child custody or visitation. If parental alienation is the issue, a mediator can help both parties come to an agreement about how to prevent and resolve it.
3. Gather Evidence
It’s crucial to gather evidence of parental alienation before going to court. This may include text messages, social media posts, and witness testimony from friends or family members who have seen your ex-spouse’s behavior firsthand. Keep a record of any incidents of alienation, and bring them to your lawyer’s attention.
4. Sue for Damages
In some cases, you may be able to sue your ex-spouse for damages related to parental alienation, such as the cost of therapy for you and your child. This is a complicated process and should only be pursued with the help of an experienced attorney.
Conclusion
Parental alienation is a serious issue that can have long-lasting effects on both parents and children during a divorce. In Iowa, there are legal steps you can take to address parental alienation and protect your relationship with your child. Remember to seek legal assistance as soon as possible to ensure the best outcome for your family.