Iowa Recent Legal Answers from Lawyers

Why does he have visitation with all the details you have provided. You should consider modifying the visitation to supervised visitation. That will address your concerns, kids safety, and securing both parents rights. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono attorney provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

First step would be to hire a lawyer to go with you in your mediation process. Your attorney can best guide you over the possible options and ensure you and your child get the best deal possible in mediation. Even if mediation fails, your attorney can move forward using the regular litigation methods to get you what you want. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

It should not be too hard to get the judge to enter a default judgment against the father (depending on where you are in the process and the time for him to file having expired).  Then, you can put together a proposed ruling for the judge on the issues and submit for approval.   If your case is simple (straightforward property division and custody/visitation), it should not take too much time.  I would estimate $800-$1,200 based on the informtion you have provided.     Donna Milller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

If all of your paperwork is done, then you don't need to pay for a mediation.  You just need someone to look over the paperwork to make sure it is correct, sign, and the other attorney can file.   One option is to request that your ex agree to pay for an attorney to review (that would be cheaper than a mediation).   To meet with you and look over the paperwork, depending on the time it takes, I would estimate $300-$500.    Donna Milller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

What you need to do is apply for a change of status from a visitor visa to a student visa. The time would depend on the Office that would adjudicate the petition but it can be done. Keep in mind you would have to explain that your original intent was to visit and then after you arrived in the states you then arrived at the idea that you wanted to study here. Keep in mind that if you do succeed in getting the status change that if you ever exit the country and then return you must reapply for a student visa as the i94 card must match the visa stamp in your passport. Your other option and perhaps the best is to go home and process at the consulate there for an f1 visa as it is faster and u won’t be out of status here if you apply here and it is denied.  Counsel anywhere in the USA can assist you. ... Read Answer

If he was only barred because of deportation based upon an overstay, 10 years have elapsed since the deportation, and you have permanent resident or US citizenship status, you can apply to have him come back in through the petition process. We do not quote fees publicly, but they are reasonable.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You will need to file for a modification in court.  It sounds like you have a basis (a change in circumstances), and you will have to show it is in the child's best interest to be placed with you.     Donna Miller Grefe & Sidney 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

You can get a 236 protective order by filling out an application at the courthouse.  The judge will see you that day and issue a temporary order.  you can list you and the child as protected parties, so visitation would stop.  Then, about 10 days later, a hearing will be scheduled and you will need to present evidence to have a longer (one year) protective order entered.   With regard to terminating his rights, even if he agrees, a court may not grant your request.  You should talk to an attorney about your specific facts and chances of succeeding.    Donna Miller Grefe & Sidney 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

 I do not know about government benefits, but it should not be used to calculate child support (unless there are extenuating circumstances - both parents have very low income, e.g.).  If the money is in your name, you cannot be forced to pay for college.     Donna Miller Grefe & Sidney 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

From the date, it looks like you will have already worked this out.  Bad weather can be a reason to refuse to exchange the child.  But, you would need to do it as soon as the weather has cleared (and it is safe) and the parent who did not get all of their time is entitled to "make up" time that you both agree on.     Donna Miller Grefe & Sidney 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

You can sue, but you are unlikely to succeed.  A civil claim for negligence requires damages.  If a car runs a red light and hits you, you can sue it for your medical bills, lost salary while out of work, pain and suffering, etc.  If the same car runs the same red light but narrowly misses you, you have no civil claim because you have no damages.  This is unlike the criminal context, where the reckless driver has committed a crime whether he hits you or not.  In your case, it is very  unlikely that you will be awarded more than the price you paid for the can, as that is the only damage you have suffered.... Read Answer

This law firm charges based on income and they do a good job:  https://www.communitylawyersofiowa.com/   Or, try Legal Aid or Polk County Bar Association (if you are in Polk County).    Donna Milller    http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read Answer

Have you lived in Iowa for the last year?  If so, you can file in Iowa.  If not, you may need to file in your last state of residence or wait until you have been here a year to file.  Or, if your husband agrees that Iowa is Ok, you can do it here.     If you both agree to the terms of the divorce, it can be a simple process and I offer a flat rate fee.  If you have children and/or there will be disputes, it can be more complicated.   Most attorneys will provide a 30-minute consult for free to discuss your options.  You can find answers to questions on my website:  http://www.grefesidney.com/practice-areas/family-law/  You can also find forms at https://www.iowacourts.gov/for-the-public/representing-yourself/ Let me know if you would like to discuss.       Donna Miller  515-245-4300... Read Answer

Debra,    When you say you need someone to represent you in court, does that mean you anticipate going to trial on your case?  Or have you not filed yet and just need someone to get the paperwork processed?  Do you and your husband agree on all of the terms of your divorce and/or custody if you have children?     These are the issues that will help me determine how much work it will take to assist you.    Donna Miller 515-245-4300... Read Answer

You would need to petition the court for a modification.  You will likely need a letter from her doctor or therapist regarding damage that is being done by the current custody arrangement.  It is difficult to get a court to act quickly on these matters, as they will require you to go to mediation unless you can show that the situation is urgent.  Because of this, I do recommend you consult with an attorney.    Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read Answer

If you want to proceed without an attorney, you will need to file a contempt action against him.  You would need to come to Iowa for the hearing unless you asked the judge for permission to appear by phone.  You would need to show that he has the resources to pay more but is not doing so.     Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read Answer

It is hard to know exactly why the judge ruled the way he did, but support and custody are primarily based on where the children are overnight.  Thus, even if the children spend most of the day with one parent, it is counted as the other parent's day if they spend the night with him/her.   Attorneys will usually provide a free/minimal fee consultation to discuss a case.  Many will also agree to represent a party for a limited time to assist.   If the temporary order is as you state, it may be hard to get it changed, but the best way to do that is to consult with an attonrey.  They may agree to a payment plan between now and March so he can have asisstance for trial.     Donna Miller 515-245-4300http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

It would be advisable to hire counsel anywhere in the US. If husband entered the country legally and u are a US citizen, then u can petition him for his green card. The whole process from start to finish takes about a year. A carefully prepared application assures the best chance of success. Immigration officers are now meticulously scrutinizing each marriage application so best to hire counsel. ... Read Answer

I am sorry to hear that you are in such a difficult situation.  If you are the primary caregiver for the children, you might be able to file for divorce and seek a temporary order that would allow you to stay in the house with the children and have your husband continue to support you and the children financially.  Cases like yours are complex, and to provide any further advise would require a conversation about all of the circumstances of your case.  I encourage you to talk to an attorney who can discuss your options.  Do not lose hope - there are options for you!   Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

If you believe your former attorney has acted unethically, you can contact the Iowa Supreme Court's Grievance Commission.  Instructions for filing a complaint are at:   http://www.iowacourts.gov/For_Attorneys/Attorney_Standards__Discipline/Disciplinary_Procedures/ If you would like another attonrey to review the documentation, I could do that and would charge you an hourly fee.  The total cost woudl depend on the volume of documents to review.       Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer