QUESTION
Am I able to apply for my dad to take custody?
Asked on Mar 26th, 2017 on Family Law - Iowa
More details to this question:
I am 17. My dad lives in Florida and my mom lives in town, but I moved into a friend's house "unofficially" about 7 months ago, and have lived there since. My mother is mentally unstable and unaware of it, and living with her is very bad for my mental and physical well-being. However, next year is my senior year and I wish to remain in town, where my school, friends, and dance studio are. My dad is willing to take custody of me and sign guardianship to a responsible parent here in town, but I am unsure if that is possible. I am also unsure of how difficult that would be, and how long it would take. Please help. Very urgent situation.
1 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
Answered on Mar 27th, 2017 at 5:09 PM