Iowa Family Legal Questions

There is an emergency process to ask the court for very quick hearing.  You would need to file this in the county where the children are currently located.  Unfortunately, I do not believe there are any pro se forms for this process, so you would need to do your own or consult an attorney.  This is a statute that may apply (depending on the facts of your case): https://www.legis.iowa.gov/docs/code/598B.204.pdf     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

The split is usually covered by the statute which provides a formula for each parent and the child's responsibility.  Generally, each person is responsible for 1/3 of state college tuition and expenses, less scholarships, etc. and child's income.     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, as much as this may hurt the husband, there is no legal basis for a lawsuit based on these facts.    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 the divorce decree does not state such things than you have nothing to worry about. Joint Legal Custody requires that both of you have equal rights to making temporary or long term decesions about the child. You have the physical custody of the child so it would be safe to say you can travel, as long as you do not relocate the child without his or court permission. You are traveling only for weekend and is not going to endanger the child or anything and you will be back to give him his visitation hours or whatever. Feel free to contact my office and speak with a case manager for general consultation. And I hope you have a terrific weekend with your new guy. ... Read Answer

It would be very difficult to assert grandparent rights in Iowa, even if you have extensive parenting experience with the children.  Also, Iowa loses jurisdiction over the children after they have been in another state for 6 months.  You might do better under that state's laws if they have statutes that protect grandparents' rights.     Donna Miller http://www.grefesidney.com/our-team/donna-miller/... Read Answer

Why does he have visitation with all the details you have provided. You should consider modifying the visitation to supervised visitation. That will address your concerns, kids safety, and securing both parents rights. 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 attorney provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

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 Answer

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 Answer

While generally holding yourselves out as married and filing joint tax returns, joint bank accounts, etc. will demonstrate a common law marriage (different or same sex), I highly recommend you get a marriage license and get married ot make it formal, if you want the legal rights/obligations of married people.     Congratulations!   Donna Miller Grefe & Sidney, PLC515-245-4300... Read Answer

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

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

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

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

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

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

You can be charged with possession of a controlled substance and/or possession of paraphernalia if you know the substance or paraphernalia is present, and you know that the substance is a controlled substance.  You would have to have it in your "possession."  Possession can be constructive possession where it is in your presence.  So if you were driving or riding in his car and knew that illegal drugs were present and knew what the drugs were, you could be charged.  If the drugs were hidden and you did not know the drugs were there, you should not face a conviction, but the officer may still arrest you. Just because you own the car does not mean that you would be convicted of a crime.  The State would have to prove possession and that you knew the controlled substance was present and that it was a controlled substance.  However, that being said, the state may be entitled to a presumption that since the car was yours, if you knew the substances were present, that you might be presumed to have possession. You might have to prove that you did not know. As the cosigner on the loan, you should be entitled to information concerning the loan, as it would affect your credit if he was late.... Read Answer

To get a family law attorney when a person has limited income is difficult.  Legal Aid is one organization that might assist you.  Also the law schools have clinics with student attorneys that might assist you.  Otherwise you have to find an attorney that would be willing to work with you on fees.... Read Answer

Your options may differ depending on the state and local laws. At some point abandoned property also called unclaimed property can be disposed of. Chapter 556 of the Iowa Code may govern. You may have to report it to the Iowa State Treasurer. Because you have not identified the location of the property (State/City/County) it is not possible to state with any certainty what your rights are but I would suggest you begin with the Iowa Secretary of State's office.... Read Answer