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Well my sister lives in Iowa and her and her boyfriend broke…

Ok well my sister...

Ok well my sister lives in Iowa and her and her boyfriend broke up. 3 months later he's taking her to court for full custody because she was going to move back in with our mother in Illinois due to financial reasons. If he has refused to see the child in those 3 months and hasn't payed child support does he still hold a firm parental role in court?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Has anything been filed or reported?

Not yet that I'm aware of

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He's claiming child endangerment but I'm not so sure he has a firm basis on it. My sister was using the bathroom and the 3 year old got the front screen door unlocked and was found in the front yard.

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Answered in 21 minutes by:
8/15/2017
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Hi - my name is ***** ***** I'll be glad to assist.

Who has physical or primary custody at present time?

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Customer reply replied 11 months ago
My sister does. They are not married and he left her and the kid.
Customer reply replied 11 months ago
sorry for my rudeness. Hi Roger my name is***** you for taking the time to talk with me.

That's no problem......this format isn't based on much formality, so no offense taken, Corey!

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The fact that the child got out of the house and went into the yard hardly seems like an issue of child endangerment. If the child was found in the street, down the street several blocks, outside freezing or dehydrated, etc., that would be another story. But, if the child was only outside a few minutes, that likely isn't enough to warrant a significant change in circumstances that would warrant him the ability to seek a modification.

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Customer reply replied 11 months ago
I'm not sure what exactly I'm asking here, but I'm just trying to be a good brother for her. She's scared she's going to lose her kid. Can I throw a little more relevant information about the situation at you? You can double charge me hahah

The more likely basis to seek a modification would be for the move from one state to another.........however, that isn't guaranteed to help him because the court is inclined to do whatever is in the best interest of the child, and if that is to move with the primary custodial mother to another state for better work, etc., it will be hard for him to over come that.

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If child protective services was called and it determined that your sister was neglecting the child, etc., you'd be dealing with a different issue. But, if he says that his basis to seek a change in custody is simply because the child got out of the house for a brief period, he's probably not in a good legal position.

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Customer reply replied 11 months ago
Both parents were charged with being under the influence of illegal substances and she initiated to get treatment. Ever since then a CPS has been checking in on them occasionally to make sure the child was ok. He hasn't been around for some of those because he took off and wasn't around the child any longer. Could that help her case?

CPS could help your sister IF their recommendation is that the child remain with her.....and that the father has been nowhere to be seen during their periodic visits.

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Customer reply replied 11 months ago
about the child getting out. I wasn't there so I don't know exacts but she swears to me it was for maybe 5 minutes top because she was only using the bathroom. It's a small town of like population of 10000 maybe? Well a cop happened to be driving by the house when she got out and instead of taking the little girl back to the house he took the child to the police station. Might that change the outcome?
Customer reply replied 11 months ago
Ok thank you sooo much Roger. Youre making being a big brother easy.

Much would depend on what the officer says --- if he says that he came to the door, knocked, etc. and no one came to the door after waiting several minutes, that may not help her. But, if he drove up, picked up the child and didn't go to the door and knock, etc., then it could be that you have an over-reactive cop.

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Customer reply replied 11 months ago
Ok thank you sir. I'm going to relay all this to her immediately. You helped greatly? Is there any kind of way I could help you like a good rating or anything like that? Or if I have any other questions later is there a way I can ask you through the website like request or something?

No problem and thanks for the question.

You can issue a positive rating by clicking on the stars or smiling faces, etc.

If you need anything in the future, you can begin your post with "For Roger" and it will be directed to me.

Thanks again!

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,949
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger and 87 other Family Law Specialists are ready to help you
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Customer reply replied 11 months ago
No thank you sir. I may be talking with you again than coming up. I will give the rating now. Have an awesome night Roger.
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