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Iowa Family Law Questions & Answers
0 Answers | 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

0 Answers | Asked in Business Law, Divorce, Contracts, White Collar Crime, Civil Litigation and Family Law for Iowa on
Q: Do I need a business lawyer for fraud by my ex-wife?

In 2023, my then-wife, who was also my business partner, used forgery to put our home as collateral for an SBA loan without my consent, leading to its repossession after her business failed. She excluded me from business operations, withheld financial info, and misused company funds. During our... View More

0 Answers | 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

0 Answers | Asked in Appeals / Appellate Law and Family Law for Iowa on
Q: What attorney do I need to appeal a common law marriage ruling in Iowa?

I am looking to appeal a ruling related to a common law marriage in Linn County, Iowa, which was decided in district court. The ruling is being contested by his daughter. I have 23 years of evidence proving we were together. What type of attorney should I consult for this appeal, and are there... View More

0 Answers | 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

1 Answer | Asked in Family Law and Gov & Administrative Law for Iowa on
Q: Laws protecting non-abusive parents from DHS evaluations in Iowa under temporary removal order 232.78.

Are there any laws in Iowa that protect me as a parent from complying with DHS orders for drug screenings, drug evaluations, and mental evaluations? I am the father and have done nothing wrong; I have not abused or neglected my children, nor have I been accused as the abuser. I have no drug... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Iowa, under Section 232.78, the Department of Human Services (DHS) has the authority to evaluate parents, even if they are not accused of abuse or neglect. While you may not have a history of drug use or criminal activity, DHS may still request drug screenings, mental health evaluations, and... View More

1 Answer | Asked in Divorce, Immigration Law, International Law and Family Law for Iowa on
Q: Can my wife file for divorce from Germany and would Iowa uphold a German court's judgment?

My wife and I were married in Iowa and lived there for 12 years. She is a German immigrant with a permanent resident card. She decided to leave me and has been living in Germany with her family for the past 7 months. We have no children, and there have been no formal agreements regarding divorce or... View More

James L. Arrasmith
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answered on Apr 7, 2025

Yes, your wife can file for divorce in Germany. Since she is living there and is a German citizen, German law allows her to initiate divorce proceedings even if the marriage took place in Iowa. Divorce jurisdiction is usually determined by the country where one of the spouses resides, which in this... View More

1 Answer | Asked in Libel & Slander, Divorce, Civil Litigation, Personal Injury and Family Law for Iowa on
Q: Someone exposed my NSFW Reddit identity and sent prints to family and neighbors. What can I do legally?

I have been posting NSFW content publicly on Reddit, and someone I know figured out my identity. They have sent non-explicit prints of my content to my spouse, neighbors, and extended family, with messages such as "what your neighbor at [my address] is up to" to my neighbors. They knew my... View More

James L. Arrasmith
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answered on Apr 12, 2025

What you’re experiencing is incredibly invasive, and it’s understandable that you’re feeling exposed and overwhelmed. Even though your Reddit content was public, someone using that information to deliberately shame or harass you by mailing it to your family and neighbors may cross legal... 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

2 Answers | Asked in Estate Planning and Family Law for Iowa on
Q: Conflicting custodial guardianship in wills

If my will states that, in the event both my husband and I pass away, our son should go to my cousin, but my husband's will states our son should go to his family, what will happen?

Anthony M. Avery
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answered on Mar 29, 2025

Those will declarations are not absolutely enforceable, as the Court must consider the best interest of the minor child. However they are very strong appointment declarations which the Court will consider. Whoever drafted your wills should have told you this.

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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 Appeals / Appellate Law, Civil Rights and Family Law for Iowa on
Q: Is it legal for a judge to order registration as a sex offender without charges?

I was ordered by a judge in Lee County, Iowa to register as a sex offender without any charges or valid reasons, stemming from a case involving a child in need of assistance based on false allegations and poor counseling. Is it legal for a judge to make such an order under these circumstances, and... View More

James L. Arrasmith
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answered on Apr 1, 2025

Generally, courts must follow due process procedures before imposing sex offender registration requirements, which typically stem from criminal convictions rather than civil proceedings like Child in Need of Assistance (CINA) cases. In Iowa, as in most states, registration as a sex offender usually... 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 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....
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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...
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1 Answer | Asked in Divorce and Family Law for Iowa on
Q: Does my husband still have to pay medical expenses for his daughter? She is 18 and he no longer pays child support

His ex wife insures her on her health plan. His daughter is employed full-time as well

T. Augustus Claus
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answered on Nov 7, 2023

Parents are generally responsible for the medical expenses of their minor children. However, once a child turns 18, they are considered an adult and are responsible for their own medical expenses.

Unfortunately, due to the nature of internet questions and responses, the information provided...
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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

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