Iowa Family Legal Questions

If you didn't participate in the juvenile court, you need to immediately contact your attorney and Department of Human Services (DHS).  In Iowa, DHS is the state agency responsible for the safety of children.  Since you called the agency CPS, I wonder if the case is in Iowa or not?  If not, different states have different policies and regulations, although federal law requires states to quickly settle cases such as yours. In Iowa (according to federal law), if the child is under 4 years old, the child must be returned to you within 6 months, or you face the possibility of termination of your parental rights.  If the child is older, the return time is 12 months.  As you have stated that it has been over a year since the child was taken and you did not keep in contact with DHS or follow their recommendations, there was probably a termination hearing.  At the termination hearing, I would expect that your rights were probably terminated and the child placed for adoption.  If your rights were terminated and not appealed, then there would be little to no hope of reobtaining custody. Once adopted, the court would not allow you to reassert any  claims, as the child deserves the right to move on with her life.  However, contact your attorney immediately.  You would have probably had an attorney appointed to represent your interests.  If you do not know how to contact your attorney, contact the clerk of court for the information.... Read More

Yes a judge can terminate your parental rights if you fail to make progress in a Child In Need of Assistance (CINA) case.  I would suggest talking to your attorney on the case, and follow his/her advice to prevent termination.  Termination usually comes after 6 months to a year of lack of suitable progress in the CINA case.... Read More

You should not be forced to submit to a drug test, but negative results can result.  There are not enough facts to give an answer to this question.  I'm not sure if you are a party to a CINA case or not or a criminal case or not.  If you are in a CINA case, the judge can order a test to be done, or lose your parental rights, children removed, or possibly face contempt.  If you are involved in a criminal case, you need to contact your attorney to protect your rights. If you are a party in a CINA case, you should have an attorney that you should consult and discuss this issue.  If DHS is merely investigating a case, DHS does not have the authority to order a drug test (but a judge does).  However, you can end up with children removed if you do not satisfy DHS.... Read More

It would appear from your question, that the answer is yes.  Just drinking the 6-pack probably shouldn't lead to termination of rights or have a founded abuse claim.  However, the circumstances around the drinking probably are what led to the founded claim.   Failure to follow DHS requests over the month's long case, seek treatment, and the other issues that are undoubtedly associated with the case, can lead to termination.  If you were recently terminated, you can appeal the termination and seek the appellate court's decision.... Read More

Since your parental rights were terminated last October (about 5 months ago), your appeal time is over.  The Iowa Supreme Court has stated that the children have a right to move on, so the court will not hear a termination case past the appeal time.  As for the criminal charges, I would contact a criminal attorney to see what options you might have.... Read More

I'm not sure if you are the student or the parent, but I assume that you are the parent since you have a summons and not a petition and subpoena.  If you are subject to a jail sentence and qualify (I assume that you do since you are on disability), an attorney can be appointed for you.  If you qualify, apply for an attorney, and no attorney is appointed, you cannot be sentenced to jail, as your rights would not have been protected.  If this is a state criminal charge, apply for an attorney at the clerk of courts office and you should have an attorney appointed if you are subject to jail. I'm not sure what offense you are charged with.  Truancy is normally handled through the juvenile court system as a Child In Need of Assistance or Delinquency case, and not a criminal case.  It is possible that truancy is a local city ordinance violation.  If so, this would only involve a fine.  Regardless, you should contact an attorney to discuss this issue.... Read More

Life Insurance is a contract.  As part of that contract, the owner of the policy designates beneficiaries, and the insurance company pays those beneficiaries per the contract.  Normally, if the son is not the beneficiary, the insurance company will not pay the son, only the beneficiary.  Insurance is not normally part of the estate. However, you mention that there is no will.  By law, without a will, the son may be entitled to a portion of the estate.  Without a will, the estate would not normally go entirely to the wife.  Contact a local attorney immediately to discuss this issue.... Read More

You can always file contempt on your own, as you never are required to have an attorney, and you can represent yourself.  However, I would always recommend hiring an attorney to prosecute contempt.  Many of the contempt cases that I have observed that are self represented, have major legal errors that cause the case to be dismissed. An attorney could help avoid these legal errors.... Read More

DHS would normally become involved, and actually has some programs to assist the 17 year old.  DHS could be beneficial in assisting your son. Your son could file a suit with the district court to request emancipation.  However, I would highly suggest contacting a local attorney to sort through the facts and legal issues to ensure that the case goes smoothly.  Emancipation is not something that is normally favored and could be denied without legal assistance.... Read More

You need to contact an attorney, as each case for emancipation is unique.  Basically, emancipation shows that a minor is able to handle his own affairs as if he were aged 18 or above.  Because each case is unique, an attorney should be retained to discuss your case.  If you cannot afford an attorney, Legal Aide may be able to assist you.... Read More

Original Notice is a form signed by the clerk of court to inform interested parties that a lawsuit has been filed and to request an Answer back from those parties.  The Original Notice must then be served upon the interested parties and the service filed with the clerk of court.  This is a system to ensure that all potential parties to a lawsuit have been notified and properly served to bring them within jurisdiction of the court. In this case, I would assume that the son's father or mother is the party who must be notified, as they would have an interest in their child's case.  Contact your attorney and discuss the case with him/her as to who should be served with Original Notice.... Read More

I'm assuming that your parents are not agreeing to your moving out of the house.  As you are a minor, your parents are still responsbile for you, until the age of majority.  There are several ways around that.  As you stated, emancipation is one method.  A Voluntary Guardianship can also be arranged, with another adult as your guardian. Marriage would also be a method, but your parents may have to approve the marriage depending upon your age.  Signing up for the military is another option, but again may take parental approval depending upon your age.  Depending upon your age and situation at home, there may be actions that can be taken through juvenile court and DHS. I would talk to a local attorney and see if what options may be available to you based upon your situation and age.... Read More

You need to contact a local attorney to discuss your case.  You are obligated to support your child and have legal rights to support and visitation with the child once the child is born.  Unless you are married though, you probably have no say in what happens to the mother as she is a minor. Possibly the mother can be considered emancipated, but needs legal assistance if this is not supported by the parents.... Read More

The fair debt collection act may apply if the person coming to your door is a collection agency. The FDCA has penalties if the act is violated. If the person coming to the door is collecting for the primary creditor, other laws may apply.  You should contact a local attorney to see if laws have been violated.... Read More

You talk about your husband fighting you for primary physical care.  Therefore, I assume that you are still married.  If you are still married, the judge in a divorce would determine the children's best interests as to who receives primary physical care.  There are many factors that the judge should consider as to the physical care.  You can review these factors on my website www.robertpetersonlaw.com Your job and working conditions would be one of the factors involved in this decision. If you are already divorced, then you are talking about a modification. For a modification, there must be a substantial change of circumstances not considered at the time of the divorce.  One hour away move may or may not be a substantial change of circumstances.  The code lists 150 miles as a substantial change, but a shorter move could be a substantial change based on the circumstances.... Read More

If you over paid on child support, you need to talk to an attorney.  There are several situations with differing answers on how to resolve this situation (depending on if Child Support Recovery is involved or not, whether you owe back support or not, perhaps the order also states what happens in this situation, etc). You probably need to have legal representation to determine how to proceed.... Read More