Legal Question in Family Law in Iowa
Child Custody
I have just moved from Florida to Iowa. I have 3 children. The father of the older 2 lives in the same city I now live in. The boys have not seen their father since spring, 1994. When I moved here 2 weeks ago, I contacted him and let him see them twice. Many people have said I should not do this until I have physical custody. We were never married. If the father agrees with this, which I believe he will, is there a form we can write up and sign, maybe in front of a notary public, or is there something we can file with the courts? I do not want to lose my children! I do not have much money. Please help if you can.
1 Answer from Attorneys
Re: Child Custody
the UCCJA requires residency of six months in a state by a child for the court to obtain subjuct matter jurisdiction as the " home state". This cannot be waived. however, another section of the act does allow the court to take jurisdiction upon a finding that the best interests of the children will be served in your new state. File a complaint in custody in the new state and get an order.