Legal Question in Family Law in Iowa

Re: Child Custody

He can file for a modification of the custody and support order but it will be something of an uphill battle and he ought to be prepared to spend significant money on litigation. Unless Mom's psych problems directly affect her ability to parent and provide a safe home that argument will be insufficient.

Re: Child Custody

I practice in Montana, so I cannot give you legal advice for this situation. But if you were a friend or a client here in Montana, I would say:

First, as a consumer, you have the right to get a second opinion from another lawyer. Do advise the second attorney that you are seeking a second opinion. If the second (or third) opinion sounds reasonably positive to you, you can terminate your attorney-client relationship with the first and hire on with the one you choose.

Second, parents often have a harder time modifying a parenting order than they did getting the original order. Generally, the parent needs to show that your proposed arrangement is better for the the child (even though it will disrupt the child's 'continuity of care')than leaving the child where s/he is. Big burden of proof for you, and you risk it being seen as "vexing and harassing litigation."

Third, Consider this a one-shot deal. You can't file for extraordinary modifications without evidence, expert testimony, therapist's opinions, medical history, etc., to support your concerns and prove to the court that your position is solid.