Legal Question in Civil Rights Law in Iowa

Under 598.21D if the parent has moved more than 150 miles away you will need to go back to court, since it is something of a fait accompli that you have been presented with. If that distance is more than that, you are entitled to have the court reexamine its original order, and he probably should have gone to court initially or else informed you of his intentions.

598.21D RELOCATION OF PARENT AS GROUNDS TO MODIFY

ORDER OF CHILD CUSTODY.

If a parent awarded joint legal custody and physical care or sole

legal custody is relocating the residence of the minor child to a

location which is one hundred fifty miles or more from the residence

of the minor child at the time that custody was awarded, the court

may consider the relocation a substantial change in circumstances.

If the court determines that the relocation is a substantial change

in circumstances, the court shall modify the custody order to, at a

minimum, preserve, as nearly as possible, the existing relationship

between the minor child and the nonrelocating parent. If modified,

the order may include a provision for extended visitation during

summer vacations and school breaks and scheduled telephone contact

between the nonrelocating parent and the minor child. The

modification may include a provision assigning the responsibility for

transportation of the minor child for visitation purposes to either

or both parents. If the court makes a finding of past interference

by the parent awarded joint legal custody and physical care or sole

legal custody with the minor child's access to the other parent, the

court may order the posting of a cash bond to assure future

compliance with the visitation provisions of the decree. The supreme

court shall prescribe guidelines for the forfeiting of the bond and

restoration of the bond following forfeiting of the bond.