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September 29, 2004
How is custody determined?
The overriding factor for determining child custody is the children's "best interests." Admittedly, this is a nebulous and vague standard that is probably incapable of precise definition from either a scientific or legal viewpoint. The court's objective "is to place the children in the environment most likely to bring them to healthy physical, mental, and social maturity." Specific statutory factors are stated in Iowa Code 598.41(3) (2003). The seminal case of In re Marriage of Winter, 223 N.W.2d 165, 166-67 (Iowa 1974) expands upon the stautory factors. These factors are applied to the particular facts of any given case to determine which parent most closely meets the children's "best interests."
Posted on September 29, 2004 in Custody, FAQ | Permalink
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Main
| Changes to Federal Tax Law re. Child Rerlated Tax Benefits »
September 29, 2004
How is custody determined?
The overriding factor for determining child custody is the children's "best interests." Admittedly, this is a nebulous and vague standard that is probably incapable of precise definition from either a scientific or legal viewpoint. The court's objective "is to place the children in the environment most likely to bring them to healthy physical, mental, and social maturity." Specific statutory factors are stated in Iowa Code 598.41(3) (2003). The seminal case of In re Marriage of Winter, 223 N.W.2d 165, 166-67 (Iowa 1974) expands upon the stautory factors. These factors are applied to the particular facts of any given case to determine which parent most closely meets the children's "best interests."
Posted on September 29, 2004 in Custody, FAQ | Permalink
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Listed below are links to weblogs that reference How is custody determined?:
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