Legal Question in Family Law in Iowa

Re: Moving out of state -

You are going to most likely have an expensive court fight on your hands. With all due respect to my colleague in Montana there are some rather specific precedents in this area that will have an important effect on the progress of this litigation. I suggest you hire an attorney.

Re: Moving out of state -

At 4 hours, it's not that far, but for a 5-year old, it's an awfully long trip.

There are rules in each state for change of domicile. If you have primary custody, the burden is slightly less, but you still have to go through the court, because otherwise you're imposing a serious and voluntary burden on her father's right to see her.

This is a good case for mediation, because you can negotiate about this. If it's acceptable to both, then, you can come up with a custodial agreement that will work for the court. Things you can discuss are lower child support, you pay the cost of his visits, longer summers with Dad, etc.

It might be best to do this in a structured way. Definitely get a court order, because you don't want to have him change his mind the day before you planned to leave.

Re: Moving out of state -

I do not practice in Iowa. But I think parents are the same here, so if I were Dad, I would fight it. You're going from "across town" to "four hour drive." So yes, hire an attorney.

Check your family law statutes. Montana has a "move-away" statute that addresses relocation. It requires you to notify Dad at least 30 days before you move, and to attach a proposed amended parenting plan. Dad then has time to answer the notice and, if necessary, file a motion and get a court hearing.

You do have a constitutional right to travel, to live in the other state. But your constitutional rights usually stop at the point they're about to infringe on someone else's. In this case, it's Dad's right to parent his child.

You will likely have to do some major changes, for instance longer time with Dad to make up for what will likely be less contact. No more picking up the child for ballet or ball practice, no more drop-bys with the skates s/he left last time, no more attending school conferences or plays.