Family Law

“What is Family Law?”

Family law is a term that encompasses a diverse range of issues, including marriage, divorce, child custody, child support, adoption, paternity, protective orders, and many other issues which are far-reaching and life-altering. When a family faces hard choices, the consequences are emotional and complicated. Family law issues can stir up a lot of negative emotions such as pain, sadness, embarrassment, and resentment. They are rarely resolved without issue or discord, and trying to handle these issues without representation often complicates matters. Help is available, and you may find comfort in knowing a lawyer is on your side.

The experienced family law attorneys at Hall Law Firm, P.L.C., always focus on your needs and desires, and work to resolve all issues you are facing in the most effective, pragmatic, and efficient manner while also offering counsel regarding all available options. We understand that every case is different, and we develop a strategy based upon your individual needs. If you need advice about a divorce, custody, support modification, or guardianship, we offer free consultations and will help you find the best solution for you. With attorneys licensed in both Iowa and Nebraska, we can help you understand your rights and guide you through the process.

Our Family Law attorneys offer representation in the areas of:

Call our family law attorneys today at (712) 226-4255 to schedule your free initial consultation.

Resources for Victims of Abuse

If you feel you are in an abusive relationship, or have recently left an abusive relationship, please contact the following agencies for help in seeking safety:

• National Domestic Violence Hotline
  1-800-799-SAFE
  http://www.thehotline.org/

• The Council on Sexual Assault and Domestic Violence (CSADV)
  Crisis Line: 1 (800) 982-7233
  http://csadvsiouxland.org/

Divorce:

Divorce, or Dissolution of Marriage, is one of the most common family law issues. In fact, most people know someone who has gone through a divorce and have heard their horror stories. This creates an abundance of false and incorrect information being thrown at you from every direction. However, every divorce is different, and often the individuals getting divorced have very different perspectives from one another regarding the issues involved in their divorce.

That is why it is important to seek an attorney that will listen to your questions and concerns and advise you as to your rights and responsibilities based on the specific facts of your case.

A divorce may include decisions regarding custody of children, a parent’s visitation with the children, child support for the children, and distribution of property and debts. Often, a hearing on temporary matters will be necessary to provide guidelines for the parties to follow while the divorce is pending. An important issue that can be resolved at such a hearing is determining who will stay in the family home.

It is important to note that even if a marriage ends on good terms, you need legal guidance, as one small mistake or oversight could have serious consequences. Once a divorce decree is final, a property division cannot be changed in most situations, and you’re most likely stuck with the terms. That’s why you need a family law attorney to help you through this difficult time.

If you and your spouse are committed to keeping your divorce or family law matter out of court, the family law attorneys at Hall Law Firm will strive to accomplish this for you through various means such as negotiation, mediation, and stipulation agreements drafted to ensure fairness and clarity.

When resolution is not possible, the family law attorneys at Hall Law Firm will guide you through the process with sensitivity and compassion. We will provide you with the information necessary to make informed decisions and advise you thoroughly regarding procedure and strategy.

Protect yourself and your children by getting legal help with your divorce. Call us today at (712) 226-4255 to schedule your free initial consultation.

Child Custody

The term “custody” is often used to describe issues of legal custody and physical care. When it comes to the custody of your children, you will want to develop an agreement that will provide the best possible outcome for their futures, but you also need to protect your financial interests. Parents should never try to negotiate child custody or support obligations without the help of an experienced child custody attorney. The laws and guidelines can be difficult to understand, and a mistake could mean returning to court later, which could ultimately adversely affect your children.

Iowa courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. When possible, and if in the best interest of the children, the courts want to support joint custody arrangements. Iowa Child Custody Laws govern child custody decisions and procedures.

Legal Custody:

Legal custody describes your legal right to be involved in major decisions affecting the health, education, and welfare of your child. Joint legal custody, when it is in the best interest of the children, is preferred in the State of Iowa; it provides that both parents have equal rights in major parenting decisions, neither of which is superior to the other. Sole legal custody will be granted only in exceptional circumstances.

Physical Custody:

Physical custody is often used to describe the party who takes care of the children’s day-to-day needs or who the children live with the most.  In Iowa, there is joint physical care or primary care.  Joint physical care, or shared care, of a child generally means that the parents have an approximately equal amount of time with the children.  Primary care is a commonly contested issue. Primary care provides that one parent, the custodial parent, cares for the child most of the time subject to the noncustodial parent’s right of visitation, or parenting time.

Courts will now consider joint physical care when it is in the best interest of the children, even if one parent is not agreeable to joint physical care.  If the Court denies a request for joint physical care, it must state reasons why joint physical care is not in the children’s best interest.  Joint physical care may be granted if the parties can work together, communicate, and both parents have had significant involvement in caretaking responsibilities throughout the marriage.