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dkennedy
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 5997
Experience:  JD Degree, Social Service Experience, Child Support Officer
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how many days in the state of Iowa to appeal a divorce or custody

Customer Question

how many days in the state of Iowa to appeal a divorce or custody decision
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Pro replied 5 years ago.

Those are two entirely different matters.

 

Please explain what's going on with a little more facts. Thanks!

Customer: replied 5 years ago.
My brother's wife was granted a divorce and custody of the children. My brother has physical custody of children in state of florida , where there is a jurisdictional proceeding pending. Wife did not inform Iowa of jurisdiction proceeding and my brother was never notified of case in Iowa. Divorce and custody were granted without my brother having the benefit of being represented or even noticed of hearing. Need time to hire an attorney. But need to know how many days we have to have a motion sent to the court to appeal divorce and custody ruling already made on June 17. or at least to have to case revisited
Expert:  Law Pro replied 5 years ago.

How long was or has your brother in Florida?

Customer: replied 5 years ago.

he has been a resident since Dec of 07 and the children have lived here since October of 08

Expert:  Law Pro replied 5 years ago.

By a jurisdictional proceeding - what did you mean?

 

Was he ever served with divorce papers from Iowa?

 

Customer: replied 5 years ago.
no
Expert:  Law Pro replied 5 years ago.
What did you mean then by the jurisdiction proceeding?
Customer: replied 5 years ago.
uniformed child custody jurisdiction
Expert:  dkennedy replied 5 years ago.

Hello,

 

According to the Iowa Rules of Appellate Procedure, in a divorce, or custody, the time to file an Appeal is 15 days. It is usually 30 in a civil case, but shortened by 1/2 if the case involves contested custody.

 

However, don't be alarmed, because there are several other avenues that an attorney can take in the matter you described. He/she could file a Motion to Set Aside the Judgment, or a Motion to Stay the Enforcement of the order. An Iowa Order would also have to be registered or refiled in the State of Florida to be enforced there. Or, an emergency order could be filed in your brother's county of residence. I would suggest he get an Iowa lawyer to get going on this ASAP.

 

Would you mind telling me what county this involves in Iowa?

Customer: replied 5 years ago.
pottawattamie
Expert:  dkennedy replied 5 years ago.

Hello,

 

My Answer remains the same, but I also had another thought. Your brother or his attorney should contact (by mail if it is your brother--no phones!!) the attorney that represented the mother, and explain the situation and tell him/her that since this Iowa proceeding was inappropriately done, he needs to go into court and remedy the situation. Tell the attorney this action to set aside the Iowa order should be started within 5 days.

 

If this is not done, then the Iowa Bar Association should be contacted and a complaint filed against this attorney who obviously then, is violating the law. Iowa is EXTREME in punishing lawyers. This may very well "shake things loose."

 

Good luck.

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 5997
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you your answer was most helpful, especially the part about contacting the other attorney.

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