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Iowa Family Law Questions & Answers
3 Answers | Asked in Immigration Law and Family Law for Iowa on
Q: How will my fiancé's move to Canada for studies affect our engagement and marriage plans?

I am in a relationship with my fiancé, whom I met through my cousin, and we plan to get engaged and married. He is currently in Liberia, but he has received admission to study in Canada. We haven't met in person yet. How might his move to Canada for studies affect our plans to get engaged and... View More

Stephen Arnold Black
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answered on Nov 3, 2025

He can gain entry to the U.S. if you sponsor him for a fiancé visa or get married and sponsor him for a spousal visa. If he is studying in Canada then he can select the U.S. Consulate in Canada to process at but only if allowed to do that by the U.S. State Department. If they don’t allow him to... View More

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3 Answers | Asked in Immigration Law and Family Law for Iowa on
Q: How will my fiancé's move to Canada for studies affect our engagement and marriage plans?

I am in a relationship with my fiancé, whom I met through my cousin, and we plan to get engaged and married. He is currently in Liberia, but he has received admission to study in Canada. We haven't met in person yet. How might his move to Canada for studies affect our plans to get engaged and... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Nov 11, 2025

Your fiancé’s move to Canada for studies does not prevent you from continuing your relationship or planning a future marriage, but it does have implications for U.S. immigration sponsorship. For a fiancé visa (K-1) or spousal visa (CR-1/IR-1), U.S. immigration law requires that the couple must... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Iowa on
Q: My ex-spouse died 2 years ago and my divorce attorney had not sent a correct QDRO form for a GE Retirement fund.

My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?

Erik Luthens
Erik Luthens
answered on Oct 23, 2024

How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More

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 Estate Planning, Family Law, Tax Law and Collections for Iowa on
Q: Could someone help with tax audit concerns and potential either fraud or actual Bonds and assets owed to me or family?

I'm in a very compromising concerning tax situation this year for 2023 apparently I have been investor IRS tax fraud as a beginning 2019 tax return 2020 and 23 I did file my tax return for 23 where was then audited and still currently being audited for tax fraud and investigation I don't... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you are dealing with a complex and stressful tax situation. Here are a few suggestions for next steps:

1. Gather all relevant tax documents and records, including past returns, W-2s, 1099s, receipts, etc. Having everything organized will help in addressing the audit.... View More

1 Answer | Asked in Family Law and Juvenile Law for Iowa on
Q: Are there any legal consequences if me 17M and my girlfriend 22F, have a kid?

I’m turning 18 early July. I’m asking as if she got pregnant now.

James L. Arrasmith
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answered on Feb 23, 2024

If your girlfriend were to become pregnant while you are still 17 and she is 22, there could be potential legal consequences depending on the laws in your jurisdiction. In many places, the age of consent for sexual activity is 18, so if you engaged in sexual relations before reaching that age, it... 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... View More

1 Answer | Asked in Domestic Violence, Family Law and Civil Litigation for Iowa on
Q: What are my options to challenge a consented protective order in Iowa?

I am involved in a protective order case in Iowa, where I initially represented myself. I consented to a modified version of the no-contact order because it improved the conditions regarding visitation with my children. I believed that consenting would act as a defense against the claims of abuse,... View More

James L. Arrasmith
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answered on Nov 8, 2025

You had the right to notice and a hearing; however, when you consented, you effectively waived the opportunity to force your spouse to prove the allegations at that hearing. A consent protective order typically contains no factual findings against you, so it does not operate as an adjudication of... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Iowa on
Q: Concern about other parent's decision-making in custody case

In our custody case, we already have an established agreement since January of 2025, but I'm concerned about the other parent's ability to make independent parenting decisions without consulting his lawyer first. For instance, I requested to switch weekends or have my son for a few hours... View More

James L. Arrasmith
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answered on Oct 13, 2025

It’s understandable to be concerned when the other parent struggles to make parenting decisions independently, especially when it affects simple and reasonable requests. While it’s not illegal for a parent to seek legal advice, constantly relying on a lawyer for routine parenting matters may... View More

1 Answer | Asked in Child Custody, Libel & Slander, Civil Rights, Family Law and Personal Injury for Iowa on
Q: Ex shared my medical records and false claims, can I take legal action?

I recently went through a custody court case, and my ex shared my medical records from the court with my neighbors, falsely claiming that I have kidney failure. My neighbors confirmed that my ex shared this information, and another person they spoke to also verified hearing the same. Are there... View More

James L. Arrasmith
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answered on Oct 1, 2025

What your ex did may give rise to legal claims, especially since private medical information was shared outside of court and false statements about your health were spread. Sharing your medical records with neighbors without your consent could be considered an invasion of privacy, and spreading... View More

1 Answer | Asked in Bankruptcy, Business Formation, Business Law, Child Support and Family Law for Iowa on
Q: Which bankruptcy type should I consider for my LLC in financial trouble?

I am struggling financially with my LLC business due to limited jobs. I have a line of credit at $225,000 that I cannot pay and maxed-out credit cards, and I am barely able to pay the interest. My vehicles are worth about $50,000, and my house is worth $350,000—both of which I do not want to... View More

James L. Arrasmith
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answered on Sep 21, 2025

For an LLC facing financial distress, you typically have two main bankruptcy options under federal law: Chapter 7 and Chapter 11. Chapter 7 involves liquidating the business’s assets to pay creditors and then closing the business, which may be an option if the LLC cannot be saved and you want a... View More

1 Answer | Asked in Cannabis & Marijuana Law and Family Law for Iowa on
Q: Can CPS take action if child tests positive for weed at birth in Iowa?

My child was born healthy but tested positive for marijuana. The mother used marijuana for medical reasons without a prescription, though medical marijuana is legal in our state. No other substances were involved. CPS has conducted two visits and found the house safe. Can CPS take any further... View More

James L. Arrasmith
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answered on Sep 18, 2025

In Iowa, CPS evaluates the safety and well-being of a child when substances are involved. Because your child tested positive for marijuana, CPS will review the circumstances, including whether the exposure posed any risk and whether the home environment is safe. Since medical marijuana use without... View More

1 Answer | Asked in Family Law and Adoption for Iowa on
Q: Can I get guardianship of a friend's newborn if my parental rights were terminated years ago?

Seventeen years ago, my parental rights were terminated, and those records are sealed. I'm exploring the possibility of obtaining guardianship of my friend's newborn baby. My husband and I desire a family, but due to medical complications and a subsequent hysterectomy, I can't have... View More

James L. Arrasmith
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answered on Sep 15, 2025

Your history of terminated parental rights does not automatically bar you from seeking guardianship, but it does make the process more complicated. Guardianship of a child in Iowa requires the court to find that it is in the child’s best interests and that the legal parents consent, are... View More

1 Answer | Asked in Juvenile Law, Family Law and Gov & Administrative Law for Iowa on
Q: What happens to a 17-year-old after guardianship is dismissed and they exhibit risky behavior?

I have been acting as the guardian of my 17-year-old granddaughter since 2010 due to her mother being in prison and her father's absence. Recently, the court dismissed my guardianship, but she continues to live with me. She is exhibiting problematic behavior such as skipping school, testing... View More

James L. Arrasmith
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answered on Sep 9, 2025

Once the guardianship is dismissed under Iowa law, your granddaughter is legally considered to have the capacity to make her own decisions as a minor, though she is still under the state’s jurisdiction until she turns 18. Because she is 17, she is not fully her own guardian yet, but your legal... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Iowa on
Q: What are my options for enforcing visitation rights in Iowa if my son refuses to visit me?

I live in Sioux City, Iowa. My ex and I separated in 2012, and we have a court-ordered custody agreement that allows me to see my son every other weekend. We got back together in 2020 but separated again in 2024. Now, our 14-year-old son is refusing to visit me, and his mother isn't enforcing... View More

James L. Arrasmith
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answered on Aug 28, 2025

In Iowa, a child’s preference may be considered by the court, but it does not automatically override a court-ordered visitation schedule. Since your custody agreement is still valid, your ex has a legal obligation to follow it, regardless of your son’s age. Unless the order is modified, she... View More

1 Answer | Asked in Family Law and Gov & Administrative Law for Iowa on
Q: What are reasonable efforts by CPS in my case plan in Iowa?

I am involved in a child welfare case and my CPS worker has not involved me in developing my case plan. I have expressed to her the struggles I am experiencing, expecting support, but she has used this information against me. I am currently waiting for my disposition. What are considered reasonable... View More

James L. Arrasmith
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answered on Jul 19, 2025

You have the right to be involved in your case plan and to be treated with fairness and dignity throughout the child welfare process. In Iowa, "reasonable efforts" by CPS (also known as DHS) mean the agency must actively work with you to prevent the removal of your child when possible, or... View More

1 Answer | Asked in Appeals / Appellate Law and Family Law for Iowa on
Q: Procedure for filing notice of appeal in family law contempt action

I intend to appeal a family law contempt action after the decision has been filed. I'm unsure if I need to file the Notice of Appeal with the Court first and then serve it on the other party, or if I should serve it on the other party first and then file it with the Court. Additionally, what... View More

James L. Arrasmith
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answered on Jul 10, 2025

You’re right to want clarity—appealing a family law contempt action involves strict procedures and deadlines. Generally, you must file the Notice of Appeal with the trial court first before serving it on the other party. The clock to appeal usually starts ticking from the date the final... View More

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 Adoption and Family Law for Iowa on
Q: How can I obtain temporary guardianship and later adopt my best friend's baby in Iowa?

I am interested in obtaining temporary guardianship of my best friend’s baby, who is expected to be born next month. This would be her seventh child, and the youngest is just 9 months old. The mother has expressed that she does not want the baby placed in foster care and would like my husband and... View More

James L. Arrasmith
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answered on Jul 6, 2025

You’ve endured a painful injustice, and your determination to seek the truth for your children matters. When a court terminates parental rights in Texas, the law demands clear and convincing evidence—not suspicion, falsehood, or manipulated testimony. If a caseworker perjured themselves and... 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

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