Iowa Recent Legal Answers from Lawyers

Depending on the judge, you may have a "substantial change in circumstances" that would allow the court to modify the existing visitation order.  If not, then you will not be able to change.  You should talk to an attorney who can gather additional facts from you and who is familiar with the judges in the jurisdiction where you will bring your case.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read More

A state's jurisdiction over a case is based on a number of factors.  Generally, if you and children have been living in Iowa for 6 months or more, Iowa would likely have jurisdiction.  But, there are other factors you have not provided, so it will be difficult for an attorney to answer this question based on what you have provided.     Donna Miller  515-245-4300... Read More

You can submit them to the court.  It would be best if you had an attorney look over what you are proposing to ask the judge to approve. Most attonreys will let you buy an hour or two of their time to review documents and provide suggestions.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read More

You can contact Child Support Recovery or file an action in court.  If the child is yours, you will want to get a court-approved custody and visitation order so that you are guaranteed your rights with regard to the child.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/ ... Read More

How the house is handled is based on a number of factors.  You identify two of them -- your inheritance of the property and improvements you have made to it during the marriage.  The other important factors are the total amount of property (including financial accounts) that is available to divide in the divorce and the length of your marriage.  If there is sufficient property, you would be able to keep the house. But, if there is not, and you have a longer marriage, then the court may look at the house as a way to divide the property "equitably."  Unfortunately, this is not a yes/no question without looking at all of the factors.  A good attorney can help you work through the analysis and advise you on the chances of loosing/keeping the house.     Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/ ... Read More

Unfortunately, you do not have any legal rights to take custody of the child unless the parents agree.  If the child is at risk, physically or mentally, you could possibly try to create a guardianship for the child, but as long as one of the parents is able to care for her safely, a judge will not likely agree with your request.     Donna Miller  515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read More

You would be seeking sole custody.  If the father has had no involvement and not supported her, you have a chance at getting sole legal custody and primary physical custody with sole determination about any visitation the father gets.     Please note that if he decides to challenge your request, he may get visitation rights, depending on the judge who hears your case.     If you want to disestablish paternity (what you reference as "abandonment"), you would need to prove to the judge that it is in the best ineterest of the child and that you can support her sufficiently.  Judges are reluctant to do this because they want a child to have a parent if something happens to the other parent.  But, it is possible.    Attorney fees vary greatly and the total cost depends on how hard the father fights what you want.  Thus, it could be anywhere from $2,000 - $10,000 to handle the case.  Most attorneys will do a consultation so they can give you an estimate.    Donna Miller 515-245-4300 /http://www.grefesidney.com/our-team/donna-miller/... Read More

Yes.  the attonrey is supposed to provide you (or your new attorney) with all of the documents you gave him/her, work he/she did, etc. if you are current in your bill.  The attonrey can hold on to your file if you are not paid up.     Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read More

The amount of time and money all depends on how much your child's mother wants to fight.  Generally, to prepare a petition and go through mediation, it would cost up to $1,200.  What you are asking for in visitation is very reasonable.  If she gets an attorney who agrees, then it could be less.   Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read More

You will not both be able to have the same lawyer (we are ethically prohibited from representing a husband and wife in a divorce).  But, one of you can hire an attorney and the other can just rely on that attorney to do the paperwork and get the divorce finalized if you agree on everything.  We have a flat rate fee for uncontested divorces.    Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read More

You should talk to an attorney and show them the legal documents to determine what your legal rights are and how to handle the situation.  Unfortunately, any attorney will need additional information to provide you advice.   Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read More

In Iowa, grandparents do not have a right to visitation or custody of grandchildren.  Unfortunately, unless the parents agree or your child (mother/father of the grandchild) is deceased, you cannot force visitation.    Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read More

If you feel that the child is in danger, you can file for guardianship of her.  You will need to go to court to do so, and if the mother does not agree, it will be an uphill battle.  You may also need to call DHS to do an investigation.    Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/  ... Read More

If you have been holding yourselves out as married, your signifiant other may already have an argument that you are common-law married.  There are several factors the court would look at, but he/she would have an argument.  If you were common law married the court would equitably divide your joint property.  That may or may not include property you brought into the relationship (when you started holding yourselves out as married).     Donna Miller 515-245-4300 http://www.grefesidney.com/practice-areas/family-law/... Read More

What you get from his retirement is subject to negotiation.  It will be part of the property settlement, which includes any house, cars, cash, other accounts, etc. that you own.  The court requires an equitable disvision of property (which does not necessarily mean 50/50).   You will need to discuss the particular facts of your case with an attorney to determine what is in your best interest.   Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/  ... Read More

You will need to get a court order regarding your custody and visitation plan.  That way, it is enforceable if either of you do not comply with the schedule.  If she is in agreement, you will be able to just submit the plan to the judge for approval.  If not, it will take a bit more work to get the order.  Donna Miller http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read More

Gene,  If your husband has been injured and a doctor will provide an opinion that the lead exposure is the cause of his medical issues, then you have a valid workers compensation claim.  You should make sure he formally reports that he wants to make a claim, becasue the deadline for doing so is 90 days after he knows his work caused the injury.   If they will not provide treatment or accept responsibility, you will need to find an attorney to help you file a claim.  Donna Miller http://www.grefesidney.com/our-team/donna-miller/ 515-245-4300... Read More

Unless you can show a danger to the child, you cannot control who the child is around when with the other parent (unless the other parent consents to you having that control).   An attorney would need more details about your particular situation to be able to fully advise you regarding your optinons.    Donna Miller http://www.grefesidney.com/practice-areas/family-law/ 515-245-4300... Read More