1. The mother of a child born out of wedlock whose paternity has not been acknowledged
and who has not been adopted has sole custody of the child unless the court orders otherwise.
If a judgment of paternity is entered, the father may petition for rights of visitation or custody
in the same paternity action or in an equity proceeding separate from any action to establish
paternity.
2. In determining the visitation or custody arrangements of a child born out of wedlock,
if a judgment of paternity is entered and the mother of the child has not been awarded sole
custody, section 598.41 shall apply to the determination, as applicable, and the court shall
consider the factors specified in section 598.41, subsection 3, including but not limited to the
factor related to a parent’s history of domestic abuse.\n\nTue Dec 09 21:59:50 2025 Iowa Code 2026, Chapter 600B (33, 0)
9 PATERNITY AND OBLIGATION FOR SUPPORT, §600B.41\n\n 3. In a proceeding under this chapter to determine custody or visitation or to modify a
custody or visitation order, section 598.15 shall apply to the parties.
4. The court may order the appointment of a guardian ad litem or attorney for a child,
a child custody investigator, or a child and family reporter consistent with the provisions of
sections 598.12, 598.12A, and 598.12B.
[C81, §675.40]
C93, §600B.40
95 Acts, ch 182, §27; 2004 Acts, ch 1061, §2; 2017 Acts, ch 98, §3; 2021 Acts, ch 61, §1
\n
Notes of Decisions
Montgomery v. Wells, 708 N.W.2d 704 (Iowa Ct. App. 2005).
· cites it 2× “Iowa Code § 600B.40 (2008). Our Supreme Court has held that determinations of custody under section 598.”
In re the Guardianship of M.D., 797 N.W.2d 121 (Iowa Ct. App. 2011).
“See Iowa Code § 600B.40. Because we reverse this case on Melissa’s first issue, we do not need to address her due process claim.”
Stauffer v. Temperle, 794 N.W.2d 317 (Iowa Ct. App. 2010).
“Iowa Code § 600B.40. Stauffer filed an action for custody and visitation in 2006.”
In the Interest of T.D.E., 796 N.W.2d 447 (Iowa Ct. App. 2011).
“9 Our de novo review of the record, however, convinces us Justin did acknowledge paternity within a short time after T.”
Joseph M. Hambleton v. Amber L. McWhortor (Iowa Ct. App. 2018).
· cites it 2× “Legal Standards and Scope of Review This custody modification case is governed by Iowa Code chapter 600B (2017) because the parents were not married.”
Brian McKnight v. Kayla Anderson (Iowa Ct. App. 2021).
· cites it 2× “Kayla argues the district court erred in finding Brian proved his “ability to minister more effectively to the child[ ]’s well being.”
Catherine Smith v. Chad Ragan (Iowa Ct. App. 2024).
· cites it 2× “See Iowa Code § 600B.40 (2023). 1 Ragan estimates that his weekly hours are generally between thirty and thirty- six.”
— Iowa Code § 600B.40(1) — 6 cases
— Iowa Code § 600B.40(2) — 59 cases
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