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Iowa Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Iowa on
Q: I need assistance to get my God son to either my care or "?". Crupt CPS and DHS here in Hamilton county Iowa

i am a god parent and mentor for my best friends son he 14 years old .dhs an cps kidnapped him from home under faules accusations he has been bounced around from foster care to foster care . he has slight case of Autism hes very intelligent and know whats going on . He has told his lawyer and dhs... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are deeply concerned about the well-being of your godson and want to provide him with a safe and loving environment. To address this situation, you may need to take several steps to advocate for his best interests. Start by documenting everything, including your godson's... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Iowa on
Q: I want my kids and my house I don’t deserve this he does

i I have been with my husband 15 years married ten. The last two he started being abusive and I filed for a protective order against him. He didn’t obey the orders so I left the house and tried to get on my feet starting at the bottom. I got a 1 bd apt and he won’t let me see the kids he says... View More

James L. Arrasmith
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answered on Feb 4, 2024

I'm sorry to hear about your difficult situation. In cases of domestic violence and child custody disputes, it's important to prioritize the safety and well-being of both you and your children. You have rights in this situation, including the right to seek legal help.

You may want...
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1 Answer | Asked in Child Custody and Family Law for Iowa on
Q: Can my kids choose not to live with their father under a current custody agreement?

I have three children aged 16, 14, and 11, and there is a custody agreement currently in place. My children do not want to live with their father anymore. Are there specific age-related rules or factors that can allow them to choose their preferred living arrangements, and what steps should I take... View More

James L. Arrasmith
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answered on Jul 6, 2025

In Iowa, there is no specific age at which a child can unilaterally decide where to live, but the court will consider the preferences of children—especially older ones—when evaluating custody modifications. At ages 16 and 14, your older children’s voices carry significant weight, particularly... View More

1 Answer | Asked in Child Custody and Family Law for Iowa on
Q: How to find a pro bono lawyer for a custody issue?

I am dealing with a family law issue concerning custody, and I have applied for legal aid and contacted the lawyer bar association, but they are unable to help me. What steps can I take to find a pro bono lawyer for my case?

James L. Arrasmith
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answered on Jun 13, 2025

Dealing with a custody issue without legal support can feel overwhelming, especially when legal aid and the bar association haven’t been able to help. But don’t give up—there are still other steps you can take. Many law schools have legal clinics where supervised law students provide free... View More

1 Answer | Asked in Child Custody and Family Law for Iowa on
Q: Can I request a court-appointed attorney for a custody modification in Iowa?

I had custody of my children for 6 years before the court granted custody to their father. The court claimed I wasn't supporting their relationship with their dad because the children refused to go to his house during his scheduled time. I'm seeking a modification to regain custody. Can I... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Iowa, court-appointed attorneys are typically reserved for criminal cases or situations involving abuse or neglect where the state is involved. For custody modification cases between parents, the court usually does not provide a court-appointed attorney. These are considered civil matters, and... View More

1 Answer | Asked in Child Custody and Family Law for Iowa on
Q: Moving out of state with children and court-ordered visitation: legal steps?

I am planning to move to another state with my children, but there is a court-ordered visitation agreement in place. There haven't been any modifications to this order recently, nor have I discussed my intention to move with the other parent. What are the legal restrictions and steps I need to... View More

James L. Arrasmith
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answered on May 15, 2025

If you have a court-ordered visitation agreement in place, you’ll need to take careful steps before moving out of state with your children. Most states, including the one you're in, require parents to notify the other parent and possibly seek court approval before making such a move. This is... View More

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Iowa on
Q: Will moving affect custody visitation with a no car ex in Iowa?

My boyfriend was offered a job 50 miles away from our current residence, which may affect the visitation schedule with my ex, who does not have a car. I have primary physical custody of our children and there's a no contact order against my ex. His visitation is currently set for Mondays and... View More

James L. Arrasmith
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answered on May 15, 2025

You're thinking ahead in a responsible way, and it's good that you want to minimize disruption while protecting your children's best interests. In Iowa, even a move of 50 miles can require court involvement if it significantly affects the current custody or visitation schedule. Since... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Iowa on
Q: Newborn taken due to past case - seeking custody options

My newborn was taken into custody at the hospital due to issues related to a past case with my other children, who were adopted out as I had substances in my system at that time. I am currently part of a family treatment court, and my boyfriend completed rehab successfully. We had a plan to work... View More

James L. Arrasmith
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answered on May 14, 2025

I'm so sorry you're going through this—having your baby taken from you is heartbreaking, especially when you’ve been working to turn things around. Since you're already involved in family treatment court, that shows the system is giving you a chance to show growth, and that... View More

1 Answer | Asked in Child Custody and Family Law for Iowa on
Q: Would father get 50/50 custody despite distance?

My daughter is 6 years old and in kindergarten, attending school in town. Her father, who is involved in her life, lives an hour and a half away. Currently, there is no custody agreement, and the existing visitation schedule is every other weekend. I'm concerned that a 50/50 physical custody... View More

James L. Arrasmith
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answered on Apr 13, 2025

Courts take physical distance into serious account when deciding whether a 50/50 custody arrangement is practical, especially for a young child who’s in school. An hour and a half commute each way could easily interfere with your daughter’s ability to attend school consistently, get enough... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Iowa on
Q: Is it legal for my ex to prevent visitation with our children despite my sobriety and compliance with child support?

I have been sober and compliant with child support, but my ex has full custody of our three children (ages 3, 8, and 13), and I haven't seen them for five months. Visitation is at her discretion, but despite my sobriety, she continually makes excuses, including who I associate with, to prevent... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your current custody order gives your ex full discretion over visitation, then unfortunately, she has the legal ability to allow or deny visits—unless that discretion is being abused or not serving the children's best interests. The law doesn’t automatically punish her for withholding... View More

1 Answer | Asked in Child Custody and Family Law for Iowa on
Q: Colorado alienation issue: How to address lack of contact with child while living in Iowa?

My child lives in Colorado while I live in Iowa. For the past six years, my son's father has alienated him from me, hindering my ability to see my child. Although we've had video chats almost daily for six years, these have now stopped 31 days ago. I have been allowed to visit my son only... View More

James L. Arrasmith
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answered on Apr 13, 2025

Since there are no court orders in either Iowa or Colorado, the first step would be to file for custody or visitation in Colorado, where your child resides. You can petition the Colorado court to establish a formal custody and visitation agreement that addresses the alienation and ensures regular... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Iowa on
Q: Can you lose custody of your children if you live with your cousin
Janell K Broekemier
Janell K Broekemier
answered on Nov 29, 2023

A Court will often look at the best interests of the child when determining whether a parent should be awarded custody or retain custody in a modification. If you are awarded custody in a prior court order, the burden for changing custody is often much higher. Each case is unique. Whether a... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Iowa on
Q: Who do I contact when dhs boys town and the gal won't do anything about my son being touched by the foster care family.
T. Augustus Claus
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answered on Sep 6, 2023

If you suspect that your son has experienced abuse or inappropriate conduct while in foster care, it's crucial to act swiftly and decisively. Begin by reporting the incident to the appropriate authorities, such as your local law enforcement agency or the Iowa Department of Human Services... View More

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1 Answer | Asked in Child Custody and Divorce for Iowa on
Q: Divorce decree states two weeks on two weeks off with the kids. The ex wants only our daughter full time and not son.

I suggested i take both full time and she said no. What do I do?

M. John Riley
M. John Riley
answered on Feb 28, 2022

A petition for modification needs to be filed to change the current custody arrangement.

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Iowa on
Q: My ex wife has sole custody of our son in wi, I live in Iowa I have had him this school year beside him going to his

Moms a couple of time. On top of this I am paying for child support what should I do

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 8, 2020

If the child is going to remain with you, then the appropriate steps would be to;

1. File a Motion to terminate with Court who currently has jurisdiction over the case.

2. Transfer the existing case to your state of residence by Registering the order in the state court in your...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Iowa on
Q: my soon to be ex wife has let a multiple time felon move in before divorce is over. can i get custody of my children

boyfriend is on probation currently for 2 felonies. has a very extensive history of drug and alcohol charges, arson, burglary, theft, owi's. most recent charges almost 1 year ago. im concerned for my children. can i get full custody of them, or what is my best process? can i file to not have... View More

Austin J Luse
Austin J Luse
answered on Nov 5, 2020

Do you currently have an attorney for the ongoing divorce? Or has this divorce process not yet started? If you have not retained an attorney or started the divorce process, I advise seeking one ASAP and having them file for divorce. From there, after some administrative hoops are jumped through... View More

1 Answer | Asked in Child Custody and Child Support for Iowa on
Q: Can I be forced to take my parenting time during Covid?

My wife and I have quarantined since March at the advice of my wife's doctor. My child's mother agreed to keep the child 100% of the time until my wife's doctor feels there are adequate treatment options should my wife contract Covid. The child's mother now wishes to return to... View More

Austin J Luse
Austin J Luse
answered on Oct 28, 2020

The Court may find you in contempt of the decree/custody schedule even with the doctor-prescribed quarantine. I would advise seeking counsel to represent your interests to the Court and describe the nuances of your current COVID-riddled situation. It is possible that a modification of the decree... View More

1 Answer | Asked in Family Law and Child Custody for Iowa on
Q: Iowa. Ex left state with children. No court custody arrangement. I'm on the birth Certificates. What to file?..No money
Jesse Michael Marzen
Jesse Michael Marzen
answered on Apr 28, 2017

There are resources available to help you. For starters, the Iowa Judicial Branch has forms available for folks to represent themselves. Link: http://www.iowacourts.gov/For_the_Public/Representing_Yourself_in_Court/DivorceFamily_Law/Forms/index.asp Also, the Iowa State Bar Association has a... View More

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