Iowa Child Custody Legal Questions

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 Answer

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 Answer

If this is still an issue (not sure if she has returned yet), you can file to enforce your court order in Iowa.  Or, most states have emergency laws that allow a court in the state where the child is to have jurisdiction to address the matter to get the child back to Iowa.     Donna Miller Grefe & Sidney, PLC www.grefesidney.com 515-245-4300... Read Answer

It is difficult to get sole legal and physical custody, but you have a good argument for it based on the drug use and protective order.  If you do not get full custody, you may be able to have any visits supervised with someone of your choosing.   Donna Miller Grefe & Sidney 515-245-4300... Read Answer

Any modification of the decree must be approved by the court to be enforceable.  Thus, if you both come to agreement, you can submit a stipulation with the changes to the court for approval.  If you both don't agree, then you need to file a petition for modification.  I recommend having an attorney look over anything you file with the court.  Some attorneys willl agree just to bill you to review documents.     Donna Miller Grefe & Sidney 515-245-4300... Read Answer

You can still file as long as the children are younger than 18.     You would need to talk to an attorney about all of the facts of your case.  It is difficult to provide an opinion on your chances from just a few facts.  The court will look at what is in the best interest of the child(ren) to make a decision.     Donna Miller Grefe & Sidney, PLC 515-245-4300... 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

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

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

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

If you mean can your parents seek to share custody of your children, the short answer is no. As the parent you have the right to decide who can and can't see your children. As for the father, he can go to court to see his kids and to get them for overnight visits in the long run, unless there is something unusual going on.... Read Answer

Yes it should still be possible - especially since there are reasons why the support was not paid. The court does not make a direct connection between the payment of child support and the care and custody of a child. Although sometimes non-payment of child support can be used as evidence of a lack of interest in the child's well-being - but not in your case, I think. There are a lot of factors that a court must consider in order to change the physical care of a child and I can't predict what the outcome might be without knowing more about your situation. But the fact that you may be or have been behind in child support shouldn't play a big part in the decision. The more important issue is the relationship between father and child, so I would urge your husband to spend as much time as he can with the child.... Read Answer

Of course I don't know all the circumstances, but becuase you have primary custody at present, then it's going to be difficult for your ex to change that in court. If the kids are settled in school and have a stable life it would be even more unlikely to me that a judge would would change primary care unless something is wrong with the current situation.... Read Answer

Children's wishes are only one factor in a list of factors to determine the best interests of the child for custody (actually called physical care in Iowa, but popularly called custody). The wishes may be a minor factor in the judge's decision, or could play a major factor, but the wishes are just one factor.  Judges will not normally change custody just based upon the wishes of a child because often the child really doesn't have a clear understanding of what is in their best interests, and children will often change their minds frequently (often upon a whim). In this case, there may be several issues that need to be discussed prior to initiating a lawsuit, so an attorney should be consulted.  First of all, jurisdiction for the case needs to be determined as to whether Iowa, Indiana, or even another state has jurisdiction for the modification.  Federal law dictates which state would have jurisdiction, and the rules can be complex, so an attorney should be consulted. If Iowa has jurisdiction, a modification case can be filed, if the requirements for a modification have been met. For a modification, there must have been a substantial change that was not foreseen at the time of the original decree and the change must be permanent and continuous, not temporary.  Courts will not review the original decree just because a parent wants a change.  There is a list of changes listed in the Iowa code that could lead to a modification.  For example, if one parent moved over 150 miles, then the substantial changes requirement could be met.  But there needs to be a substantial change, and the wishes of a child are not necessarily a substantial change.  For a more complete discussion on modifications, you can review my website at http://www.robertpetersonlaw.com/Family%20Law%20Issues/Modification%20of%20Decree.aspx ... Read Answer

Iowa Legal Aid does help low income people.  However, there are often conflicts such that Iowa Legal Aid will not accept a particular client or case or there is a limited subject matter that Iowa Legal Aid will accept.  I would suggest trying Iowa Legal Aid first before trying other sources if you have a low level of income.  For more information on Iowa Legal Aid, their website is http://www.iowalegalaid.org/ia/homepage.html .  Iowa Legal Aid also runs a Volunteer Lawyer Project which provides connections to volunteer lawyers. If Iowa Legal Aid is unable to assist you, there are other sources.  The Drake Law School has a Legal Clinic that needs all types of cases.  You can contact the Drake Legal Clinic at 515-271-3851. Another source of assistance can be the county bar association.  The Polk County Bar Association (PCBA) has an active request list of cases for attorneys in Polk Colunty. You can contact the PCBA at 515-243-3904 or cburdette@pcbaonline.org . You can contact other county bar associations for the particular county you live in.  Attorneys are ethically responsible for conducting some volunteer service and report the number of hours of volunteer service when they renew their license annually. Sometimes, you can contact the individual attorney to see if the attorney will provide volunteer services or arrange some form of payment plans or options. ... Read Answer

I tired to not be harsh in responding to this, but it is so difficult.  There are some times the family courts are asked to repair the life of children coming from broken parents, as opposed to broken families. This is one of those cases. Your boyfriend was deported on a felony drug conviction.  The mother of your boyfriend's child is in prison, for two years, which means she too was convicted of a felony.  In the minds of you and your boyfriend, the mother of your boyfriend is unfit to have custody.  (Given the background of your boyfriend and the mother, this is saying something!)  The maternal grandmother doesn't receive a mention in this mess.  Have you reflected on this situation?  I can only hope that somehow the child will not end up like his parents or their families. In most households, people don't have kids and then commit felonies. What would you suggest?  A foster home?  Is there no one that is a responsible adult that could take over?  What about the grand fathers? Extended family?   I feel so sorry for that child.... Read Answer