Iowa Child Custody Legal Questions

It is not possible.  Upon the baby's birth, you have custody.  If he is on the birth certificate, he also has custody.  He has to file with the court to deprive you of custody after the birth, and there would be a hearing.     Donna Miller http://donnamiller-law.com/... Read Answer

If there is a custody order in place, you have to follow that or you are in violation of the order.  If there is no order, technically you can move with your daughter, but that could cause problems.  The best course is to get a custody order before you move.  This can take awhile, so I would recommend filing as soon as possible.  The new state would not have jurisdiction over the child until she has lived there for 6 months, so if the mother is unhappy with the move, she can file for custody here and you would have to participate in the case here.  So, it is best to get it worked out pre-move.  An attorney may be able to help you speed things up if there are exceptional circumstances for a quick decision.     Donna Miller https://www.grefesidney.com/our-team/donna-miller/... Read Answer

Kelly,    I will respond to both of your questions.  Without more detail, it is hard to know how long a custody agreement will take.  If they can agree, it would take no more than a month to get an agreement approved by the court.  They would need to both take a Children in the Middle Course and submit financial information to the court.  If they do not agree, it could take up to 9 months to finalize.  He could ask for a temporary order to see the children, which could take 1-3 months.   Similarly, it is very hard to know how much visitation he would get with the children if they cannot agree to a schedule.  The minimum tends to be every other weekend and one evening a week, but that depends on their ages and where the parents live.   To get more concrete information, he would need to consult with an attorney and provide them with the details of his case.    Donna 515-245-4300 https://www.grefesidney.com/our-team/donna-miller/  ... Read Answer

You have two options - call DHS so that they may investigate and possibly pull the children from the mother's custody.  There is no guarantee that you would get custody/foster care of them.    The other option is to file a guardianship proceeding to get them.  This would require an attorney for you, an attorney for the children (called a guardian ad litem), and an attonrey for the mother and possibly father (unless they consent to the guardianship).     Parents have many protections, so unless they consent to your custody, it will be a difficult process to get custody of them.    Donna Miller 515-245-4300 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

It would be nice for you to cooperate with him. As this other woman is their step-mother and he feels that she should be able to be the part of his children life in his absence. If you don't cooperate, he can go to court and get that done. So might as well save the trouble and money and simply cooperate unless there is a threat of safety and well being. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

Hey Debbie, sorry to hear whats going on. You will need to work with a really competent and aggressive attorney that can assert the situation and plan out a winning case strategy to modify the custody arrangement. A custody modification is not cheap as the matters can proceed to trial. Without a trial be prepared to spend anywhere from $2,500 to $5,000 depending on what attorney you chose to work with. If you are okay to representing yourself than you can lower your litigation expense by hiring a case manager or a family law paralegal. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey. Looking forward to hearing from you.... Read Answer

It does not.  The only benefit of filing first is that you get to go first at presenting evidence if you have to go to court.  The first filer does not have an easier time getting custody - they still have to convince the judge as to the best interests of the children.  The filer also has to pay the filing fee, though there is usually an order at the end for the parties to split that.   Donna Miller 515-245-43030 http://www.grefesidney.com/our-team/donna-miller/... Read Answer

You need to review the current custody order and see what restrictions are in place regarding moving the child from one state to another. If it was to a different county within the same state, most times it would be okay. But to move out of state, gets little complicated, as one parent might fear that the move will cause hardship on them to maintain visitation/parental rights. So if you can cooperate with the other parent and see if you can move with their permission, you can proceed to court to modify the custody order to reference the new address of the child to be relocated to. Hiring a lawyer might sound a bit burdensome, but it will be worth it to relieve stress and make the move easier. 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 lawyer 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

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

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 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

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer