Legal Question in Family Law in Iowa

My husband divorced in South Dakota and the custody decree implemented the South Dakota Visitation Guidelines. After a modification hearing in Iowa, the new Iowa decree stated anything not addressed or changed from the old decree is still in full force, therefore most items in the South Dakota Visitation Guidelines still applied. After yet another modification hearing (still in Iowa) the mother was granted sole legal custody. Again, it stated anything not changed or addressed from the previous decree was still in full force. Nothing in the current order references the South Dakota Visitation Guidelines nor does it state that they no longer apply. My husband and I interpret this to mean that anything not otherwise addressed or changed that is in the South Dakota Visitation Guidelines still apply. The mother is stating that because sole legal custody was awarded to her, the South Dakota Visitation Guidelines no longer apply. Can you offer any clarification as to which party is interpreting this correctly?


Asked on 1/09/16, 10:43 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Custody is not a sufficient basis to void an otherwise valid visitation order. As a point of information people will do what they want to do regardless of the facts and the law which means that if and when the south dakota visitation order is violated be prepared to get a lawyer and go to court..

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Answered on 1/10/16, 8:13 am


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