Legal Question in Family Law in Iowa

Re: Going to court over child living with other parent

In light of attorney Worrall's response to your inquiry, I decided to check Iowa law.

Assuming, hypothetically, the original divorce and child custody decree was issued in Iowa, this link will take you to the Iowa law on the extent to which the court's jurisdiction over child custody issues will continue:

http://www.legis.state.ia.us/IACODE/2003/598B/202.html

It looks like that if the court in Iowa finds that the child no longer has any significant connection with Iowa, or that the child and one parent no longer have a significant connection to Iowa, and the evidence relating to care, protection, training and personal relationships of the child are no longer available in Iowa, then the Iowa court will lose jurisdiction over the matter, even though it issued the original decee.

The statute refers to the statute on original jurisdiction over child custody (as opposed to continuing). Here is the link to that one:

http://www.legis.state.ia.us/IACODE/2003/598B/202.html

So, my conclusion here is that if the child has long been gone from Iowa, if you have been gone, and the child has little or no ongoing contact with people in Iowa, and if the child has resided in Georgia for at least 6 months, then the father would have to seek custody in Georgia. He might attempt to get a change in Iowa. If he does, the wife would have to consider appearing there to the limited extent of arguing that the child no longer has any Iowa contacts so the court has no jurisdiction. She should make sure this is what is called a "limited appearance". Or, she could let him get it, then "collaterally attack" it in Georgia for lack of jurisdiction.

Attorney Worrall is right that it depends on the exact facts. I have just assumed, arguendo, here, that the divorce was granted in Iowa. Hopefully, Attorney Worrall will see this follow-up message and will also comment, so that you can be comfortable that the advice you got is in concurrence.

I do not practice in Iowa. However, I do practice in and am licensed in Georgia and, since your question raises a significant Georgia connection, I am ethically permitted to answer your question re Iowa law. However, I strongly recommend you seek the advice of an Iowa attorney to confirm it.

It does appear that Iowa follows the uniform law attorney Worrall mentioned, so the law in Georgia and Iowa appear to be essentially the same on this point.

Re: Going to court over child living with other parent

Georgia,if the child has been living in Georgia at least 6 months and there is nothing unlawful or in violation of any decrees for the mother to have him there. There simply as no such rule that custody jurisdiction is based on state of birth.

Re: Going to court over child living with other parent

Jurisdiction of child custody cases is pretty fact-dependent. You did not say where the divorce was granted. If it was in Iowa and the child was living in Iowa at the time of divorce and for at least 6 months prior, and if Iowa has passed the UCCJEA, Iowa could retain jurisdiction as long as one parent continued to reside there. If the divorce was granted in Georgia and the child and other parent still lives there (or if granted in some other state and the parent and child now live in Georgia and have for at least 6 months), jurisdiction would be in Georgia.