The following describes the adoption process for the traditional “stranger” adoption process; either done privately or with the assistance of the Iowa Department of Human Services. Step-parent and relative adoption is discussed elsewhere.
1. The preplacement home study is completed.
2. A suitable child is located
3. The parental rights are terminated and the appeals period has passed.
Steps [...]
A Story County, Iowa Law Firm specializing in family law and criminal defense
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The “traditional” adoption process
Overview of the adoption process
As we go through this section, I refer to “parents” and “child”. This is only done for ease of usage. A single person can adopt. More than one child can be adopted at a time (my record is four (4) children adopted at once!). Parents can be one or both birth parents or one or [...]
What about the divorce kits and preprinted forms that are available?
The Iowa Supreme Court has realized that for “simple” divorces; that is where there are no children involved, the couple can often work out the details by themselves. To help people in this situation, they have created a series of forms and instructions that can be downloaded. The forms are located here http://www.judicial.state.ia.us in the [...]
What to Do if Stopped or Questioned by Law Enforcement.
1. Think carefully about your words, movement, body language, and emotions. Keep your hands where Law Enforcement can see them. Do not keep moving or run away if ordered to stop, even if you believe what is happening is unreasonable. You will be arrested if you do. Do not interfere with or obstruct Law Enforcement. [...]
Your rights in a criminal case
Search: The general rule is that in order to search a person’s house, property, vehicle or person, law enforcement must have first obtained a search warrant supported by probable cause and signed by a neutral judge. There are exceptions to the search warrant requirement, the most common of which is consent. Law Enforcement often uses [...]
Arrested in Iowa? What happens next?
If you have been arrested, the Constitution of the United States protects your rights to legal counsel, and to remaining silent. To invoke your rights, tell Law Enforcement personnel you do not want to answer any questions without your attorney present and are invoking your right to remain silent. After you invoke your right to [...]
Criminal Justice Procedures & Timelines
Arrest: Starts the process. Arrest is defined as “the taking of a person into custody when and in the manner authorized by law.
Initial Appearance: The magistrate or judge informs the individual of the preliminary charge(s) against them and of his/her rights. Counsel may be appointed if the proper conditions are met. Only in Simple Misdemeanor [...]
How are Custody and Visitation issues decided?
No area of family law brings to the courtroom the tension, anxiety, hostility, volatility and raw emotion as child custody and visitation litigation. If this issue cannot be decided between the parties, the Judge will make the decision. Generally, Judges look to what is in the best interest of the children. To reach that decision, [...]
What kind of documents will be needed to put together what the court will need to decide all of the issues involved?
If custody of a child or children is an issue, the most important documents are a journal or diary kept by a person showing their involvement with the child or children. Of course, if there is any Juvenile Court involvement, DHS involvement or other Court involvement, those documents could be critical.
For property and debt issues, [...]