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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29518
Experience:  29 years as a family law lawyer .
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We live in IA. My son is 15, his girlfriend is also 15. Her

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We live in IA. My son is 15, his girlfriend is also 15. Her mother and stepdad want to have her sign guardianship papers over her infant son. She does not want this but is easilly decieved in the past by her parent/step parents intentions. Can she be tricked into signing papers, her Mom saying she is signing insurance papers so they can help out with babys medical costs...My son is named as the father on birthcertificate, however is still waiting for court ordered DNA testing. Will the minor girl be in front of a judge for this action or can just having her sign papers give guardianship to her Mom/stepdad? My son does not want this as it will take away his girlfriends rights to parent her child the way she intends to. The intentions of the parent/stepdad are to control where the baby goes, they do not want the baby to go with minors biological dad, the babys grandfather, and also gives them more control over the baby. Intimidation has worked so far, but cant last forever. Thanks
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. You son has paternity rights to both custody and visitation no matter what here.Your son and you will be up for child support here. They will look at both you and your wife's income to set it here.

You are both up for support. the guardianship here would allow her mother and step father here to add the baby to insurance. The alternative here if she gets medicaid then you and your wife pay here for reimbursement for hospital and medical costs.

You can certainly oppose here and ask for guardianship or at least make sure you son has visitation. Your lawyer will protect here in this matter. I wish you good luck with this and sympathy for the situation..



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Customer: replied 5 years ago.

not happy with response..we were told child support in Iowa is based on income of parent, not minor parents income. Which is $50 a month till the minor parent has a job over 18 and out of school. My question was can the parent of the minor girl have her sign a paper and her baby will have guardianship or is it more complicated?

Expert:  RayAnswers replied 5 years ago.
Child support here is based on the parent's because he is still a minor here and you are legally responsible here for him. You better double check here on this with your lawyer because I think the law is clear on this point. The minor girlfriend can sign a waiver or agree to guardianship here. your son here has to file paternity or legally interven to contest and assert his rights.


Here is the Iowa Code I referenced about your support liability..

135L.2 PROSPECTIVE MINOR PARENTS DECISION-MAKING
ASSISTANCE PROGRAM ESTABLISHED.


1. A decision-making assistance program is created to provide
assistance to minors in making informed decisions relating to
pregnancy. The program shall offer and include all of the following:

b. Written decision-making materials which include all of the
following:
(1) Information regarding the options described in the video
including information regarding the agencies and programs available
to provide assistance to the pregnant minor in parenting a child;
information relating to adoption including but not limited to
information regarding child- placing agencies; and information
regarding abortion including but not limited to the legal
requirements relative to the performance of an abortion on a pregnant
minor. The information provided shall include information explaining
that if a pregnant minor decides to continue the pregnancy to term
and to retain parental rights, the father of the child is liable for
the support of the child
and that if the pregnant minor seeks public
assistance on behalf of the child, the pregnant minor shall, and if
the pregnant minor is not otherwise eligible as a public assistance
recipient, the pregnant minor may, seek the assistance of the child
support recovery unit in establishing the paternity of the child, and
in seeking support payments for a reasonable amount of the costs
associated with the pregnancy, medical support, and maintenance from
the father of the child, or if the father is a minor, from the
parents of the minor father
.



Customer: replied 5 years ago.
my original question was not about child support, my question is, can the minors parents hand her a piece of paper and trick her into signing away her rights to her child? (giving them guardianship) of the baby) If she already did this unknowingly can this be stopped? thankyou.
Expert:  RayAnswers replied 5 years ago.
You can contest here any guardianship application. Whether the mother agrees here or not your son has rights and can attend and contest. They can try and get her to agree but your son still has rights and they can't overlook him. He can certainly attend and should contest. I wish you good luck here..
Customer: replied 5 years ago.

ok thankyou, just clarify for me....since my minor son does not have a income our attorney said max of $50 A month till he has a income. Are the laws saying it is based on my husbands income as minors parents? What percentage is it? That could brake us!

Expert:  RayAnswers replied 5 years ago.
I think that if they press the matter here that they will add up you and your husband's income here. You would calculate here using total number of dependents--your son plus baby plus any other kids.

If there are two you then figure it like your paying for two and then divide it in half and this is what the court would say you owe. I don't want to argue with your lawyer here but I do think that you want to protect yourself and ask the lawyer where it he gets the $50 a month figure because the law reflects you are liable here for a minor unitl they are of age.

Here are the guidelines...

https://childsupport.dhs.state.ia.us/includes/PDFfiles/ChildCareGuidelines.pdf

Look I double checked this again. Parents are laible in Iowa for support here for their minor son. This is law here that was enacted to allow a teen to decide whether to have the child or not but it also state specifically this requirement.

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=82&input=135L


RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29518
Experience: 29 years as a family law lawyer .
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