Iowa Recent Legal Answers from Lawyers

Jill,  Unfortunately, grandparents do not have a right to visitation in the state of Iowa.  If you daughter does not want you to see them, the court will not issue an order to the contrary.    DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

Mitchell,  The mother needs to follow any custody agreement.  If you do not have one, you need to request one from the court so that you can see your children and communicate about them.    DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com     ... Read Answer

Unfortunately your proposal will not work.  The only way to create a guardianship is to go through the court.  Do you think your mom would agree to a guardianship with another adult? if she agrees, the court process would not take long.  You could switch custody to your father and still live in Iowa.  If your mom wants to fight it, it might take awhile, and you might be 18 before it would end (and the court would not have jurisdiction anymore).  But, if she agrees, it would not take much time/expense.   If you want to start the process, I would be happy to discuss with you.    Donna Miller Grefe & Sidney, PLC 500 E. Court Ave. Ste 200 Des Moines 515-245-4300... Read Answer

You would need to go to court to seek to create a guardianship to be able to have control over the parent's living situation.  The judge would need to determine whether a guardianship is appropriate (that is, whether your parent is able to make decisions on his/her own).     Donna Miller  http://www.grefesidney.com/family... Read Answer

To change custody, you would need to petition the court for change.  But, simply being a grandparent does not give you any custody or visitation rights.  The custody order will only be in place until the child turns 18, so she will be able to make decisions about who she sees after that time.     Donna Miller http://www.grefesidney.com/family  ... Read Answer

A modification requires a "change in circumstances" which can be one parent's move.  But, generally the move has to be substantial (150 miles is a general guideline, though less is possible).  If your move is less than 150 miles, that probably does not constitute a change justifying modification.  Even if it does, understand that joint custody (50/50 time) is deterimined based on other factors than proximity to each other.   You can follow-up if you have more specific information that you would like considered.     Donna Miller http://www.grefesidney.com/news/resources/family  ... Read Answer

You would have grounds to modify the court order.  You could seek a more accurate custody schedule and an order that he follow all prescriptions/treatment recommendations by her doctor.  I have a client going through this same issue right now.     If you would like assistance with a modification, please call me at 515-245-4300.   Donna Miller Grefe & Sidney... Read Answer

Bradley,  Have you reviewed your decree for terms regarding the communication between you and the children?  Sometimes there are provisions under the "legal custody" section.  As a general matter, a parent cannot deprive the other parent contact with the children, although if they have other means of communication with you (a land line?), her actions may not be viewed as prohibited.   If she continues to block them, you could seek a modification of the original decree regarding visitation and communication to provide that she cannot interfere with your relationship with them.  If you would like assistance, please call me at 525-245-4300.    Donna Miller Grefe & Sidney... Read Answer

I am very sorry to hear about your situation.  It would be good to sit down with an attorney who can walk you though the process.  While it may hurt to have the discussion, you want to do that soon so that you are sure you are protecting your interests.  You can search this site for reputable attorneys in your area who can help with divorces (if you are married) or property division (if you are not).     Best of luck to you,  Donna Miller 515-245-4300... Read Answer

You cannot just take the deduction unless there was a triggering event in the agreement.  Often, we will include langauge that you can take the deduction if the father is not current with support.  If that is not in the agreement, or he is current, then you cannot take the deduction.     You should consider whether it would benefit you to file for modification if he is not taking the child as scheduled.  If he got a reduction in support for agreeing to take the child 130 nights, then your support would go up if he took him less than 127 nights (the statutory cut-off).     If you woudl like to explore this option, you can contact an attorney.  We do Modifications at my office.    Donna Miller 515-245-4300... Read Answer

Much more information is needed to determine what, if any, immigration benefits may be available to your friend. Additional information is needed about his immigration history including his date and manner of entry, his daughter's immigration status, and whether he was previously ordered removed. You can read more at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

You would need to start the process to disestablish paternity.  That means filing a petition with the court and taking a DNA test to show the child is not his.  Even if the DNA comes out favorably, the Court could still deny the petition if your husband has established a relationship with the child.  If paternity is disestablished, he will not have to pay support anymore.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

Write to the attorney immediately and tell him you do not agree to the terms.  You should check with an attorney as soon as possible.  Most offer no/low cost consultation to start.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

There is no way a judge would approve an arrangement where there is no child support paid by the father.  You should consult an attorney.  Most offer a no/low cost consultation to start.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

Lisa, If your case was dismissed, then you will have to file again and pay a fee to re-initiate the divorce action.   If you and your husband can agree on most issues, this might not cost you too much, and you might benefit from an attorney just helpinig you draw up the final paperwork to file with the court.  Depending on where you are in Iowa, you might be required to go to mediation to try to work out the divorce details, which you can do with/without an attorney.   I recommend consulting with an attornoey in your area.  Most offer no/low cost consultations to start.   Good luck,   Donna  DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read Answer

If you and your spouse agree on all terms, you likely could benefit from a "flat fee" arrangement.  Those range in price from approximately $700-1200.  If not, depending on where you live, you may be required to participate in mediation, which can take 1-3 hours and require payment of your attorney as well as the mediator and can cost up to $1000.  There would also be paperwork and possibly a hearing that your attorney would need to attend.  That could also take up to $1000.  If you went to trial, you would be required to pay more.  In sum, it is difficult without more information to provide you with costs.  Your best bet is to meet with an attonrey in your area.  Most provide no/low cost options for initial consultation.     Donna... Read Answer

Costs will vary depending whether you use an attorney. Without an attorney, you will likely spend $1,000 to $1,500 including application fees, translation fees, medical fees, and fees to obtain government records. Attorneys' fees will vary.  The timing will also vary depending upon your immigration status, whether your spouse requires any waivers, and spouse's country of citizenship. Assuming you are a U.S. citizen, the process can take anywhere from 8 to 18 months.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

I understand your confusion.  This calculation may be correct, depending on how long you were married and the value of the accounts prior to your marriage.  The Benson formula gives you one-half of the account for the years you were married, so if the accounts existed before you were married, you do not get half of the entire account, only what has been added/growth during marriage.     Hope this helps.     Donna R. Miller     500 E. Court Avenue, Suite 200  P.O. Box 10434  Des Moines, IA  50306  Telephone:  515-245-4300   Fax:  515-245-4452 dmiller@grefesidney.com... Read Answer

If there is no order regarding custody/visitation, then you can leave.  But, until you have been in the new state for 6 months, the father can still file an action in Iowa to establish custody and visitation (and child support).  Thus, if he chooses to file, you may need to return to Iowa for a hearing and/or trial.  You would not be in contempt if you leave prior to any order being entered.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE o SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com ... Read Answer

Most judges in Iowa will consider a child of that age's wishes, but the judge will still have to determine that a change in living arrangements is in the best interest of the child.  As there are many factors to be considered, a consultation with an attorney is recommended to help you decide if filing for a change is worthwhile.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE o SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com ... Read Answer

You should sign.  Not all attorneys require you to have a notary witness your signature.  If you were provided the form by an attorney, you can go to the office and they will have a notary.  Or, your bank will usually have one.  If that does not work, sign and return to the attorney and see if he/she insists on notarization.    DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE o SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com ... Read Answer

From the information you provided, it does not appear that a judge would grant your husband's joint custody request.  But, the judge will want a visitation schedule if you are awarded primary physical custody.  Generally, every other weekend, half of the holidays, and summer/vacation visits will be the minimum he is awarded.  You will also need to address transportation, since he lives in Nebraska.   Unfortunately, the fact that he left you is not usually considered, as Iowa is a "no fault" divorce state.  Because he is not going to agree, I recommend you at least consult with an attorney about strategy and the issues you want addressed in a decree.  Some attorneys will help you on a limited basis, such as drafting the decree and negotiating with your husband.    Good luck to you, Donna Miller Grefe & Sidney, PLC Des Moines, IA  ... Read Answer

You would have to be a U. S. citizen to assist your parents and your brother to permanently immigrate to the U. S.  You would file I-130 petitions for alien relative for all of them at the Chicago lockbox of U.S.C.I.S. when you become a citizen. Based upon today’s situation, processing for your parents would take approximately one year and your brother 10-12 years. If your brother has alternate ways of immigration, he may wish to explore those in light of the long period of time that it will take him to immigrate. 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