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April 13, 2005

What are my responsibilities as a primary physical care parent?

This is a question that is frequently asked by many clients. The Iowa Court of Appeals decision in Little provides a clear answer: The parent having physical care "has a responsibility of communicating to the other parent the need to make decisions and making the necessary information available." See also, In re Marriage of Fortelka, 425 N.W.2d 671, 673 (Iowa Ct. App. 1988). This information should be provided by the custodial parent to the non-custodial parent in order to allow the non-custodial parent to exercise his/her right of "equal participation in decisions affecting the child's legal status, medical care, education, extra-curricular activities, and religious instruction." Iowa Code 598.41(5)(b). Both parents have the responsibility to discuss problems concerning the children in these areas with the other parent.

Posted on April 13, 2005 in Custody, FAQ | Permalink



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