Legal Question in Family Law in Minnesota
Child support
I need advice on how to go through a modification of support order, I want custody of my daughter back, she lives in Iowa with her dad. I went to prison and was incarcerated for 21 months, I have been out for a year, been working at the same place and have been sober for over 3 years. I went through CIP and I dont think Iowa should have the controlling order in the first place as my daughter was born here and I have never left Minnesota also me and her dad were never married. What can I do or what should my first steps be?
1 Answer from Attorneys
Re: Child support
Your question raises several legal issues, and raises a few practical questions, such as, why you were incarcerated for 21 months.
Two things are important here. First, Iowa would have jurisdiction over any custody and visitation (or parenting time) issues at this time, since your child has presumably lived in Iowa for at least six months.
Second, custody will not be revisited merely because you are now out of jail. In fact, the court will not modify custody unless there are grounds for modification, probably under Iowa law.
Finally, it does not matter whether you and the father were ever married.
The practical reality is that your child's circumstances dramatically changed when you were incarcerated, and custody was modified as a result. The law does not treat custody like a personal possession, that can be picked up and recovered when the parent is available. Instead, the court (whether here or in Iowa) strongly favors stability and continuity of care, and after the child has become settled into a new custodial arrangement, will not lightly change it.
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