Iowa criminal charge
Violating custodial order in Iowa
Violating custodial order is a criminal offense under Iowa law, defined by Iowa Code § 710.6. Its classification is not fixed: Iowa assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Iowa Code § 710.6.
What is the penalty for violating custodial order in Iowa?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Relative takes and conceals child in violation of custody order — A relative of a child, acting in violation of a court order fixing custody or physical care, takes and conceals the child from the person with lawful custody or physical care.; indeterminate term (§902.3); maximum only, release determined by the board of parole) | discretionary | Iowa Code § 902.9 |
| Fine | $1,025 to $10,245 (Relative takes and conceals child in violation of custody order — A relative of a child, acting in violation of a court order fixing custody or physical care, takes and conceals the child from the person with lawful custody or physical care.; §911 surcharges added on top) | mandatory | Iowa Code § 902.9 |
| Jail / prison | up to 1 years (Parent conceals child in violation of visitation/parental time order — A parent living apart from the other parent conceals the child or causes the child's whereabouts to be unknown to a parent with visitation rights or parental time, in violation of a court order and without the other parent's consent.; the court may order imprisonment in addition to the fine (§903.1(1)(b))) | discretionary | Iowa Code § 903.1 |
| Fine | $430 to $2,560 (Parent conceals child in violation of visitation/parental time order — A parent living apart from the other parent conceals the child or causes the child's whereabouts to be unknown to a parent with visitation rights or parental time, in violation of a court order and without the other parent's consent.; fine may not be suspended by the court (§903.1(1)); §911 surcharges added on top) | mandatory | Iowa Code § 903.1 |
Applies to current (2026 Iowa Code; fine levels per 2020 Acts ch 1074).
How is violating custodial order classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Relative takes and conceals child in violation of custody order | Class “D” Felony | A relative of a child, acting in violation of a court order fixing custody or physical care, takes and conceals the child from the person with lawful custody or physical care. | Iowa Code § 710.6(1) |
| Parent conceals child in violation of visitation/parental time order | Serious Misdemeanor | A parent living apart from the other parent conceals the child or causes the child's whereabouts to be unknown to a parent with visitation rights or parental time, in violation of a court order and without the other parent's consent. | Iowa Code § 710.6(2) |
Common questions about violating custodial order in Iowa
Is violating custodial order a felony or a misdemeanor in Iowa?
It depends on the circumstances: violating custodial order ranges from a Serious Misdemeanor to a Class “D” Felony in Iowa under Iowa Code § 710.6.
Relative takes and conceals child in violation of custody order: Class “D” Felony (Iowa Code § 710.6(1)) · Parent conceals child in violation of visitation/parental time order: Serious Misdemeanor (Iowa Code § 710.6(2))
What are the penalties for violating custodial order in Iowa?
Which Iowa statute covers violating custodial order?
Violating custodial order is governed by Iowa Code § 710.6 (Violating custodial order).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.