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How can I get the form 6.604 for the state iowa. We’re

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How can I get...

How can I get the form 6.604 for the state iowa

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

We’re trying to stop a Temporary custody

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

We just want to stop the temporary custody ruling

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

Iowa

Submitted: 6 months ago.Category: Family Law
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Answered in 10 hours by:
3/14/2018
Family Lawyer: N Cal Attorney, Attorney replied 6 months ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,991
Experience: since 1983
Verified

Thank you for your question.

There is no standard court form for a motion under Rule 6.604:

"Rule 6.604 Stays involving child custody.
6.604(1) Application. A supersedeas bond filed pursuant to rule 6.601 shall not stay an order, judgment, decree, or portion thereof affecting the custody of a child. Upon application in a pending appeal, the appellate court may, in its discretion, stay any district court order, judgment, decree, or portion thereof affecting the custody of a child and provide for the custody of the child during the pendency of the appeal. The application for such a stay order and any supporting briefs or other papers shall be filed with the clerk of the supreme court and served in the manner provided in rule 6.701.

6.604(2) Resistance. An application for a stay pending appeal of any order, judgment, or decree affecting the custody of a child may be resisted and will be ruled upon as provided in rule 6.1002, unless otherwise ordered. Pending consideration of the application for a stay pending appeal, the appellate court may immediately order a temporary stay pursuant to rule 6.1002(4).

6.604(3) Considerations in granting stay. The best interests of the child shall be the primary consideration in deciding whether to grant the application for a stay order. The best interests of the child likewise shall be paramount in determining where to place custody of the child during the pendency of the appeal. Additional considerations include, but are not limited to, the following factors when they appear:

a. The circumstances giving rise to the adjudication being appealed.
b. The safety and protection of the child.
c. The safety and protection of the community and the likelihood of serious violence.
d. The need to quickly begin treatment or rehabilitation of the child.
e. The likelihood of the child fleeing or being removed from the jurisdiction during the pendency of the appeal or not appearing at further court proceedings.

f. The availability of custody placement alternatives.
g. The child’s family ties, employment, school attendance, character, length of residence in the community, and juvenile court record.

h. The likelihood of a reversal of the district court order, judgment, or decree on appeal.

6.604(4) Burden. The applicant seeking the stay order shall have the burden of showing that such a stay or alternative custody placement of the child pending appeal is in the child’s best interests."

The local law library should have appellate law practice books with sample forms you can use as a model for writing a request for stay.

I hope this information is helpful.

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