Legal Question in Family Law in Iowa
Child Custody/Support and Abandonment
My husband has a 3 year old daughter from a previous relationship. He is in the military and has child support taken directly out of his pay check. Two weeks ago, her mother dropped her off with us and left. He had never even seen a picture of her since she was born. According to the mother's relatives, she's living in a shelter. We contacted child support to get it suspended but were told that support would continue to be taken unless we had a court order. We talked to JAG (military lawyers) and they told us that because we live in another state, we would have to wait 6 months to obtain jurisdiction in this state (She is from IA, we're in HI and are moving to PA). Is there anything we can do until then? Also, what are the requirements for establishing abandonment on the mother's part so that we can obtain full custody, end child support, and legally change his daughter's name?
1 Answer from Attorneys
Re: Child Custody/Support and Abandonment
the only option you have is to start action to terminate her parental rights and yes, the JAG lawyers are right about establishing residency for purposes of jurisdiction.
the standards for terminating her parental rights vary from state to state. Ultimately you will have to establish residency for jurisdictional purposes before you can do anything.