Legal Question in Family Law in Iowa
If it is not specified in a divorce decree, how far away can an ex-spouse move with children from the marriage?
1 Answer from Attorneys
Iowa Code chapter 598.21D governs.
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.