Iowa Family Legal Questions

You are still a minor and under your parents' supervision.  You could not legally contract for a car or put it in your name without your parents' permission.  There is probably a reason that your mother took the car away.  I would talk to your mother and work out the problems.    ... Read More

Depends upon how the bank accounts were set up.  If the aunt set the accounts up as joint, you may be able to withdraw the cash and set up your own accounts.  If the aunt set the accounts up as a conservatorship, you may not be able to do so.   I would contact the bank and determine what you could possibly do. Then I would contact a local attorney to see what legally could be done.... Read More

I often hear this question.  The answer is that there is no age when a child can decide which parent to live with.  The court can change physical care (often called custody) only when there are substantial changes in factors bearing on the case which was not anticipated at the time of the court order.  Age is not a substantial change which was not anticipated at the time of the court order.  However, other changes may occur that combined with the age may allow the court to reconsider physical care.  If so, the court may listen to the choice of the child.... Read More

Once parental rights are terminated in Iowa, the process is permanent after the appeal period (which is an expedited appeal).  The children are available for adoption, and once adopted, the birth certificate is changed to show the change in parents.   The courts have no jurisdiction to review a case after 7 years, even if the evidence and documents were false and misleading.  The termination is permanent.  The parent has no right to contact the children afterwards.  If your wife knows the adoptive parents, though, she could have contact with their approval.  Records are sealed, so you would not be able to find out the parents unless you already know.... Read More

Once the children are removed after a removal hearing, the children are returned only when the State/ court are satisfied that the danger to the children has been removed.  If the danger is removed, the children may be returned after the assurance that the danger will not return.  If the danger has not been removed, the children may not be returned at all, but the case could lead to termination of parental rights.... Read More

This question is difficult to answer without reviewing any custody agreements and the facts in the case.  You state that you have primary care.  I assume that the court has awarded you primary physical care (often called custody by lay people) and that your ex has visitation rights. Primary physical care allows you to make the daily decisions concerning your daughter's life. Legal custody is probably shared by both of you.  Legal custody concerns the life decisions concerning your daughter.  Legal custody means that both of you have the say as to medical, school, and legal issues concerning your daughter.  This would mean that both of you should decide as to therapy issues. If you cannot decide on therapy though, and your daughter needs therapy, this could lead to a modification decision as you may be denying your daughter therapy that she needs.  Additionally, this could possibly be a Child in Need of Assistance issue if your daughter needs therapy. The issue would be if your daughter does or does not need therapy.  Perhaps it would be smart if she is only saying certain things at your ex's house, to send her to therapy to determine if she is saying those things at therapy too?... Read More

You need to sit down with a local attorney.  Assuming that your mother has moved out, the dog could be abandoned property.  However, it seems that the house may also possibly be your mother's husband's residence since her husband comes by for a couple times per day. You need an attorney to sort out the legal situation.  However, you may have a family situation as well as a legal situation.  Exercising your legal rights could create a problem within your family.  Possibily there is a better solution than exercising your legal rights.  Perhaps if you talk to your mother and find a home for the dog, it could eliminate a family dispute.... Read More

Since child support has been established, there must have been some type of court case.  Without looking at the court orders, I cannot answer the question.  I would suggest that you take your papers to an attorney for review. Normally if custody has not been established, both parents have equal rights to the child.  This normally does mean that either parent could have the child.  However, if the child has been living with the other parent, and the noncustodial parent keeps the child, if a court case develops, the court will rule for the custodial parent if the noncustodial parent is keeping the child away without good cause.... Read More

Obviously based upon the question, denial of critical care, failure to provide proper supervision was alleged based upon the circumstances.  Without more details, I cannot answer the question. You do have the right to fight the allegation.  You can appeal the decision.  If the case is in juvenile court, you can also present evidence to fight the allegation.... Read More

Unfortunately, I cannot answer this question.  It depends.  It depends upon the age of the children.  Brother and sisters should normally not sleep in the same room once they are old enough (no real age, but I would say around 5 or so).  If there are sufficient sleeping facilities, they also should not sleep with adults.  This is all dependant upon ages, income of parents, size and layout of the home and other factors.  The best interests of the children are the determining factors.... Read More

Children cannot divorce themselves from their parents.  You did not state what your age was.  Depending upon your age and circumstances you might be able to become emancipated and self sufficient.  If this is not the case, and the situation involves abuse, you can report the abuse to DHS and possibly get some relief.... Read More

If there is no court order, both parents are considered to have the legal rights to the child.  Thus, you could move with the child to Texas.  However, if the mother were to go to court immediately after the move, Iowa probably would be the state for determining custody based on federal law (where the child lived for the last 18 months or the longest period in the last 5 years).  This could inconvience you living in Texas with the child and you might want to get a court order prior to moving, especially if the mother hasn't shown recent interest (she might consider an agreement).... Read More

Unfortunately, a power of attorney has to be signed when the grantor is in a competent state of mind.  If he is in and out of saneness, he could sign when he is aware of the situation.  However, a power of attorney ends when the person dies. A guardian/conservator could be appointed involuntarily by the court.  This would allow the person to take care of the affairs once he/she is appointed by the court. It would appear that a will also needs to be considered.  If your father is aware of the extent of his property he may still be able to do a will.... Read More

You cannot present new evidence on appeal.  You can ask the district court though to enlarge the findings to ask whether the court considered and ruled on all the evidence in its ruling.   Appeals rule only on the court record- which is the court file, transcripts, and evidence.  The idea is that the appellate courts determine whether the lower court erred in its ruling.  If new evidence is provided to the appellate courts and was not ruled on by the lower court, the appellate courts cannot determine whether an error was made or not. So appellate courts cannot hear new evidence.... Read More

A child does not have the right to stop visitation.  I'm assuming that a court has ordered visitation.  Once the court has ordered, it is up to the court to modify- not anyone else including the child.  Failure to provide the child for visitation could result in contempt charges against the parent claiming the child does not want to see the other parent. At the same time, you cannot place the child in danger.  It would seem that the current situation could be dangerous for the child.  You might want to contact DHS to investigate whether the child is in danger if he/she visits the other parent. You can go back to court to modify the custody order if you feel that is appropriate.  However, child support does not affect visitation/custody. These are two separate issues.... Read More

A parent cannot choose to violate a court order without facing risk of a possible jail sentence.  If a court has ordered visitation, the parent must provide the required visitation or face contempt charges.   The parent has 2 choices if he/she thinks the child is in danger.  One is to involve DHS.  DHS can take action to modify the order (at least temporarily).  The other action is to modify the custody order by going back to court and getting the judge to modify the custody order in some way.   If you are concerned, I would contact an attorney immediately to discuss the case and the contempt action.... Read More

Termination of parental rights is a very serious legal task.  If the parent has abandoned the child, the court could terminate parental rights.  However, if the parent has not abandoned the child, it is unlikely that the court will terminate.  Each child is entitled to 2 parents, including support from both parents.  It is unlikely that the court will terminate if the state effectively becomes one of the parents requiring the state to support the child.  If there is a step-parent who wants to become the legal parent, it is more likely that the court will support that action.    I would contact a family law attorney to discuss this in more detail.... Read More

Whether or not an ex is behind in child support does not affect his legal status.  If your son would like to change his name, being a minor, both parents would need to consent to the change.   You might be discussing adoption by the step parent, though.  Adoption would require a termination of parental rights by the biological parent and would provide a name change.   If the biological parent has abandoned the child, it may be possible for the step parent to adopt the child.  Being over $11,000 behind in child support may be part of the evidence for abandonment.  However, being $11,000 behind, may also have the State of Iowa involved, and the state may also have to consent to any actions to terminate the past due amount. The past due amount of child support may still be due even if the child is adopted or turns 18.  This is because the amount was already due when the new legal action occurred.  If the state is not involved with Child Support Recovery, it could be possible to eliminate the past due child support in exchange for a voluntary termination of parental rights.   I would suggest contacting an attorney that deals with family law to sort out the actions in your case.... Read More

You are going to need a court order.  At this point, you both have equal rights to the daughter absent any court order stating otherwise, and if there is no court order, you could also get your daughter and deny her access just as she is doing to you.  However, the courts would not look favorably upon this if you went to court.  You will need an order from the court to exercise your rights since your wife is denying you access.  The filing fee for a divorce is $185 and you can proceed pro se (without an attorney) if you desire.  I would advise using an attorney, but you do not absolutely have to have an attorney.  You do need a divorce decree to sort out your custodial rights and to obtain court ordered visitation rights.  You also need to do this soon.  If you delay, your wife could claim abandonment which could limit your rights or even terminate your rights.... Read More

You need to talk to local counsel because this issue will be complex depending upon the resolution of the criminal case and the charges involved.  Due to the complicated nature of this issue, I am unable to provide guidance over the Internet. Generally you can file with the court for guardianship/conservatorship, depending upon the case situation.  Guardianship and conservatorship can be a complicated issue that I would not recommend attempting without an attorney.... Read More