Legal Question in Family Law in Iowa

If I received divorce papers in the mail and it says I have 20 days to respond, could I possibly lose my kids if I don't respond within 20 days since I can't afford a lawyer? I have had temporary custody of my 3 boys for the passed year and live at my parents but they have sold the house and will be moving. I have tried to get a lawyer over the passed year, but didn't have money. I have $750 cash borrowed from a friend that I will have to pay back and I need a lawyer who will let me make payments. I am starting a part time job and I get FIP, but that will end soon. I love my boys and don't want to lose them. I have not been served by a police officer I just received the papers in the mail, but am concerned about the statement that I must respond within 20 days or else! What do I do?


Asked on 5/14/12, 7:19 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

You have to answer or you'll be in default. Draft up something that looks like the petition you were served in and for each allegation put in "denied". Go to the courthouse and get it file stamped and send a copy to everyone listed on the original petition. Also file a motion to dismiss for lack of proper service of the original notice which must be personally served. That'll slow them down a little. You can try the Drake U of Iowa or Creighton legal clinics as well as the legal aid society and or the Iowa state bar association volunteer lawyer's project to see if someone will take the case pro bono.

See, Iowa R. Civ. P. 1.302

http://www.legis.state.ia.us/DOCS/ACO/CR/LINC/05-04-2012.chapter.1.pdf

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Answered on 5/14/12, 10:11 am


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