Legal Question in Family Law in Iowa

I have joint legal custody. My ex has primary care of our children. He was arrested for child endangerment with bodily injury. Dhs has placed the kids with his mother and sister. What are my chances to get full custody?


Asked on 10/20/14, 4:15 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

You have to let the DHS caseworker know that you are interested in having the kids with you. At some point you will probably have to do is have your home evaluated assures the department that you are able to provide a stable and safe home environment. The next thing that you will have to do is make sure you are represented at all court hearings and family team meetings at DHS. I am not sure that you are entitled to a court appointed attorney but I would certainly apply for one by completing and filing the appropriate affidavit in the court. In addition what you want your attorney to do is push for what is called concurrent jurisdiction. While the juvenile court has control of the case the family court upstairs cannot enter any orders affecting custody.

If it were me I would march down to the courthouse today, obtain the application for court appointed attorney from any one of the juvenile court judge's attendants and get yourself on record.

Best of luck.

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Answered on 10/21/14, 6:57 am


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