Legal Question in Family Law in Iowa

Ex-g/f will not give visitation w/o court order

My ex-girlfriend and I had a child and have since broken up. At first, she would only allow me to see my child at her fathers house, and now not at all. No court orders for custody or visitation were ever filed, since we were together when the child was born. The police and Department of Human Services have been no help with this situation. My ex even changed her telephone number and threatened a restraining order. Is there anyway for me to get visitation without a court order? I make very little money, and half of it goes to child support. I cannot afford a lawyer, because I know it'll cost at least $1,000. Are there any pro-bono lawyers who help with this, or is there ANYTHING I can do? I'm at my wits end and I've tried everything. I'm a great parent. I live in IL right across the river from Iowa, about 7 minutes away from my daughter if that makes a difference. Thanks for your help


Asked on 11/17/02, 6:40 pm

1 Answer from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

Paternity must be established to obtain the right of visitation

If the child lives in Iowa, your rights would be found in Iowa law. If so, resubmit your question for reply by an Iowa lawyer only.

Under Illinois law, you must have a declaration of paternity by a court before you can get any visitation at all.

You ask if you can get help from a Pro Bono lawyer, and for that you should call the bar association in the county where the child lives. They would have info of how to obtain pro bono services.

More importantly, a paternity action is a proceeding you MIGHT be able to handle yourself. �What is he saying?� other lawyers may shout, �a layman can�t possibly handle a paternity case.� Indeed, I can�t make money as a lawyer by telling people they can do it themselves, and paternity proceedings aren�t necessarily easier than other cases. However, each person in the legal system is, in their hearts, invested in helping kids. So after you file your action in paternity, and maybe mess up your pleadings and procedures, others (including a judge or a state�s attorney who is entitled to institute paternity proceedings) aren�t likely going to let the case fall through the cracks � a child�s rights are at stake. In that regard, you might try going to the state�s attorney (sometimes called the county attorney or district attorney) in the county where the child lives and see if they will help you file a paternity action.

If paternity has already been established in a court, and all you are looking for is visitation, you aren�t likely to receive guidance from those in the system, and hiring a lawyer or obtaining pro bono legal services would be your best answer for that.

Finally, if your ex-girlfriend is already threatening you with a restraining order or order of protection, something is very wrong. I can�t diagnose what it is without knowing more. It�s very important that you NEVER behave badly, lose control, or say rotten things to her because you will only be giving her 1) a motive to fight you if you go to court; and 2) ammunition to use against you in a court fight.

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Answered on 11/19/02, 10:45 am


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