Legal Question in Family Law in Iowa

Children and seperation

My wife lives in IL. Me and our two children live in Iowa. We have been seperated for 9 months. There is no paper work for a divorce or anything. The kids have been with me the hole time, they are now residents of Iowa. If I let them go to there mothers in IL to visit for the weekend can she keep them? Does she have to return them to me? I don't want to loose them.


Asked on 7/10/07, 4:34 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Children and seperation

I am not licensed in your state, so do not take this as legal advice. Here is what I would say to a Montana resident with your question:

Regardless of what the law says, and regardless of whatever legal documents you might have, the other parent can and often does violate the law and a valid parenting order. That's the bad news.

The good news is that, if the parents have a valid parenting order, the wronged parent already has an enforceable document that law enforcement can enforce. I use "enforce" three times to emphasize my point. Law enforcement officers cannot make custodial decisions. That's the court's job. Law enforcement can only enforce what the court orders. I hope I've driven my point home. Even when parents are getting along and following their verbal agreement, memories fade, problems arise. They argue about what they originally meant the parenting arrangement to be. They violate the agreement in annoying little ways -- return the kids late, don't call to say they'll be 45 minutes late in picking up the kids, etc. They violate in big ways, like failing to return the children at all.

GET A PARENTING PLAN!

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Answered on 7/11/07, 12:21 pm


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