Legal Question in Family Law in Iowa

Ex wants to take away visitation

Here is my situation: My ex-wife and I have joint custody of our two boys; she is the custodial parent and I get visitation every other weekend, certain holidays, and four weeks in the summer. There have been constant problems between us regarding visitation and know she is threatening to petition the court to take away my visitation. My seven-year-old told her that I have arguments with my now ex-girlfriend and that they are allowed to play outside alone. Is this really enough to take my kids away? They are 3 and 7. The kids aren't allowed to play outside without supervision, I watch them from a window and we live in a very safe neighborhood. Also, my son has told me of events in which his step-father has lost his temper. I don't want to lose my kids, and I know she is serious and will take me to court. (Which I can't afford.) She has done it before for other reasons and lost, but I always end up paying a huge lawyers fee. Is there anywhere I can get assistance? Or maybe stick her with the attorneys fees so that maybe she won't do it again? Thank you.


Asked on 4/06/98, 5:57 pm

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Withholding visitation on whimsy or with reason?

These cases are always troublesome. Without knowing who you people are, no atty on the Web is going to be able to respond properly to you. In responding to a similar posting on lawguru, another atty suggested that that father go to www.kidscampaigns.org/whoseside/maddads/group. Maybe you'll find some leads or help there. Good luck.

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Answered on 4/18/98, 2:58 am
Jes Beard Jes Beard, Attorney at Law

Ex wants to take away visitation

Generally speaking visitation can't be taken away on a whim (and the reasons you set out seem very trivial), and some states so allow the winning party to get attorney's fees from the other in domestic cases where there is a Petition to Modify... but these are VERY fact specific issues and you need to consult with an attorney who can talk with you at length and who knows the tendancies of the specific judge.

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Answered on 4/21/98, 12:28 am


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