child custody laws in Iowa. joint custody. mom wants to move out of state ?

So my sister has been trying to move from iowa to Texas for a year. The opportunity there is not good. Her first attempt to move was stopped when her baby’s daddy smacked a custody case on her. She was frightened and didn’t move. Now, she wants to move again. According to their custody arrangement she has to notify him 30 days before the move. Is it possible he can stop her from moving? Background info: baby’s daddy is a good dad and pays child support. He does however have a criminal background but not in the past 5 years. She does have a lawyer but if you have any experience or professional advice with a similar situation that info would be appreciated.

The fact that your sister is required to give the baby’s daddy notice of the move seems to indicate to me that he has some say as to whether your sister can move. To what extent I can’t say. To put it another way, the notice would be practically useless unless the baby’s daddy could do something proactive after he receives the notice.

It’s impossible to say in the abstract, however, without examining the custody arrangement and the law in Iowa. That’s really your something your sister’s lawyer should be doing for her.

Below is some general information provided by the American Bar Association about out-of-state moves with a child that you may or may not find helpful.

“The right of a parent to move out of state with the child is another area of law on which states are divided. In times past, most states would automatically allow the custodial parent to move wherever he or she wanted with the child.

In recent years, some states have placed restrictions on the right of the custodial parent to move with the child. These states have a strong policy in favor of preserving continuity in the relationship between the child and noncustodial parent, and courts in these states are reluctant to allow the custodial parent to move with the child over the objection of the noncustodial parent unless there is a very good reason for the move.

In these states, the law may say a child cannot be moved without permission of the other parent or permission of the court. A parent who seeks to move with the child may be required to give notice (such as sixty days) before a proposed moving date.

The law in this area is shifting. Some state legislatures and courts are considering new standards for determining when a parent can move out of state with the child.”

http://public.findlaw.com/bookshelf-mdf/mdf-13-11.html

Lori’s Law: Drugs and Child Custody

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