Legal Question in Family Law in Iowa

Change in Physical Custody of son

My son lives in Iowa w/his father. He is 11. I live in NC. My son wants to come live w/me & dad says he's not old enough to make that decision until he's 14. The IA courts say at 12 he can. Judges of course make the final decision. My son asked me to go to court w/this. He's a mature 11 yr old.(12 in Sept)

We have joint legal custody & dad has had phys-ical custody since 5/95.Is it possible for me to get physical custody since he would prefer to come & live w/me? Dad says he'll fight & it will take yrs. I have a stable home & a good job. Do we have a chance? Thank you!

Asked on 4/15/99, 9:28 pm

1 Answer from Attorneys

Cynthia Carroll Cynthia Y. Carroll, P.A.

Re: Change in Physical Custody of son

You have a chance at getting primary custody; however, this is a battle that must be fought in Iowa. Find a lawyer who is familiar with the courts in that county, and knows how the judges feel about changes in custody. Good luck to you.

Cynthia Carroll

Cynthia Y. Carroll, P.A.

1916 S. Glenburnie Road

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Answered on 4/20/99, 8:24 pm

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