Legal Question in Family Law in Iowa
I have been divorced now since October 2009. My Ex-husband moved from our former residence, Cedar Rapids, IA to Columbia , MO in Feb 2010. He gave me a two week notice. I was living a little over 100 miles away in Ankeny, IA. So it made the halfway point for child pick up and drop off 117 miles after his out of state move. I am planning a move to the Twin Cities, MN by this summer. Our divorce decree states that I do not have to drive any more than 117 miles each way for visitation pick up and drop off. I have primary custody. He has visitation twice a month. Is there any law in Iowa against moving out of state? How will it affect my child support? I am not married currently and he does pay monthly child support. I realize he could try and put a stipulaiton in changing the distance I have to drive for visitiation.
1 Answer from Attorneys
You're making a curious argument here. You're suggesting that because the dissolution decree says that you need not drive any more than 117 miles, that that should still control even though you are contemplating a move some 250 miles farther north.
There is no law that says you cannot move out of state as the primary caregiver but such a proposed move invokes chapter 598.21D of the Code, in particular the 'substantial change in circumstances' language and all that conveys.
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.