Parent's Right to Relocate a Child Under Joint Custody
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 3, 2026
Legal Inquiry
Consumer Legal Issue
I’m 15 in Iowa. My mom has primary custody and is trying to move me to Texas next week. My dad has visitation. I don’t consent and I don’t think there’s a court order. Is this legal?”
There is custody and my mom had primary care and my dad has secondary and its joint custody and no we haven’t contacted a lawyer.
Attorney Answer
Probably yes, the move itself is legal — Iowa's relocation statute does not require your mom to get your dad's consent or a judge's permission before she moves you. What it gives your dad is the right to ask a court to change the custody order because of the move. Because the move is reported to happen next week, the most urgent step is still for your dad to retain a family law attorney immediately.
Under Iowa Code § 598.21D, if the parent with physical care relocates the child 150 miles or more from where the child lived when custody was awarded, the court may consider that relocation a substantial change in circumstances — and if the court then modifies the order, it must make provisions to preserve the child's relationship with the non-relocating parent as nearly as possible. Notice that the statute sets no consent requirement and no advance-approval requirement. Unless the existing decree contains its own relocation or notice clause, the decision is generally the physical-care parent's to make, and the other parent's remedy is a petition to modify, not a veto. So the two things to check are the exact distance of the planned move to Texas and what the decree itself says about relocation notice.
Because you are 15, you cannot file anything yourself — your dad needs to be the one to retain counsel and act quickly. What he files is an application to modify the custody decree under § 598.21D. He can also ask for temporary relief while that plays out, but understand that nothing in the statute automatically pauses the move, and a court is not required to stop it. Acting before the move still matters, because options narrow considerably once it has already occurred.
What you can do:
1. Have your dad contact a family law attorney today to discuss emergency relief before the move happens.
2. Gather a copy of the current custody order to check its relocation and notice provisions.
3. Confirm the actual distance and destination of the planned move.
With the move reportedly happening next week, prompt individual case review by a local family law attorney is essential to determine whether emergency court action can be filed in time. ⏱ Time limits apply.
Relevant Case Law
In re the Marriage of Lang, 919 N.W.2d 636 (2018) — Court of Appeals of Iowa
Modification requires the existence of a substantial change in circumstances not contemplated by the court at the time of the original decree.
Note what kind of case this is: a petition to modify custody brought after a relocating parent announced a move, not a case about needing permission to move. It shows the route open to your dad — a relocation can put the existing physical-care arrangement back before the court as a substantial change in circumstances, which the court then decides on the child's best interests.
This is an unpublished decision of the Iowa Court of Appeals, reported in table at 919 N.W.2d 636. Under Iowa R. App. P. 6.904(2)(c) an unpublished opinion is not controlling legal authority — it is included here to illustrate how Iowa courts have approached the question, not as binding precedent.
Read the full opinion (CourtListener)
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Frequently Asked Questions
Can a parent with primary custody move a child out of state without the other parent's consent?
In Iowa, generally yes. Iowa Code § 598.21D contains no consent requirement and no requirement to get court approval before moving. It provides only that the court may treat a qualifying move as a substantial change in circumstances, which lets the other parent ask for a modified order after the fact. A relocation or notice clause written into the decree itself can add requirements, so read the existing order before assuming either way.
What size move matters under Iowa's relocation statute?
Iowa Code § 598.21D uses 150 miles or more from where the child lived when custody was awarded. A move that far lets the court consider the relocation a substantial change in circumstances, and if the court modifies the order it must make provisions to preserve the child's relationship with the non-relocating parent as nearly as possible.
Can emergency court action stop a planned relocation?
Generally yes; a parent can ask a family court for emergency relief, such as a temporary injunction, to try to pause a move before it happens, though options narrow once the move has occurred.
