FAQs
Guardianships
Guiding Families Through Life’s Transitions.
When a child with intellectual or developmental disabilities turns 18, the law considers them an adult even if they still need daily guidance and care. This change can feel overwhelming for parents who’ve always been their child’s advocate. Having a guardianship ensures you can continue making essential medical, educational, and personal decisions on their behalf, providing stability and protection as they enter adulthood.
At Law Group of Iowa, we help families navigate this transition with compassion, clarity, and respect so your loved one’s safety and dignity remain at the heart of every decision.
Guardianships FAQ
What happens when my child with disabilities turns 18?
When an individual turns 18, they are legally considered an adult even if they have an intellectual or developmental disabilities. This means parents no longer have authority to make decisions about education, health care, finances, or daily living unless the parent is a guardian of that individual.
What is a guardianship?
A guardianship is a court-ordered arrangement in which an adult is appointed guardian, meaning they have the authority to make decisions for another person (the ward) who cannot safely make those decisions on their own.
When is guardianship appropriate?
Guardianship may be needed if the individual cannot understand or communicate basic decisions about medical care, housing, education, or safety. It should be used only when less-restrictive options are not enough.
How is the guardianship process started?
A petition must be filed in court of the county where the young adult resides. The court will then appoint an attorney for the proposed ward and may order a professional evaluation to determine decision-making capacity. A short hearing is generally required.
Can parents still be guardians once the child is an adult?
Yes. Parents can be guardians for their adult children with disabilities, but they must be formally appointed by the court.
Does the guardian need a background check?
Yes. Iowa law requires background checks to make sure the proposed guardian is suitable for the role.
Can a successor guardian be named?
Yes. The court can designate a successor guardian to step in if the primary guardian can no longer serve. Planning ahead can avoid future uncertainty.
How much does it cost?
Legal fees depend on complexity, but uncontested guardianships are typically handled for a flat fee. Filing fees and background-check costs also apply.
How long does a guardianship last?
A guardianship remains in effect until modified or terminated by the court, such as when the individual gains capacity, moves out of Iowa, or passes away.
Family Law
Our family law practice is built on clarity, compassion, and accessibility. Legal issues involving your family can be overwhelming and that’s why we offer both traditional full-representation services, affordable flat rate fees for uncontested divorces, and affordable limited-scope options designed to give you the support you need at a predictable cost.
Unbundled (Limited-Scope) Services:
- Clients who want legal assistance with specific tasks rather than full representation. This is ideal for individuals who are representing themselves or who need targeted help.
- Affordable, flat-fee services for drafting, reviewing documents, strategic consultations, and more
- Predictable pricing
- Contact us to learn more
- Examples of unbundled services include but are not limited to: service, stipulated modification agreement, filing review and court form completion, review of opposing settlement offer, drafting/responding to a proposed stipulation, contempt evidence/timeline preparation, temporary hearing prep packet, child support deviation argument review, drafting a proposed order, text/email evidence analysis, trial prep checklist, QDRO explanation consultation, social investigation preparation, financial affidavit or child support guidelines assistance, document organization for trial packet, etc.
Flat-Fee Uncontested Divorce:
- When both spouses agree on all major issues such as property division, custody, parenting time, and support. We offer flat-fee options that fit your needs for uncontested divorces to provide transparency and peace of mind.
- Available for couples who agree on all terms
- Help prepare all necessary filings and guide you through the process from start to finish
- Designed for clients wanting a straightforward and predictable experience
- Contact us to learn more
Family Law FAQ
What is “family law?”
Family law covers legal issues including marriage, children, and family relationships. This can include divorce, custody, visitation, child support, spousal support, property division, and modifications of existing decrees.
Divorce
How long does it take to get divorced in Iowa?
Iowa requires a 90 day waiting period from the date the petition is served before a divorce can be finalized, though most cases take longer depending on complexity, cooperation, and court schedules.
Is Iowa a “no fault” divorce state?
Yes, that means no one has to prove wrongdoing. An individual can simply state that the marriage has broken down and cannot be repaired.
What is the difference between uncontested and contested divorce?
Uncontested – both spouses agree on all issues (typically less costly and stressful)
Contested – spouses disagree on at least one of the issues that requires court involvement, mediation, or trial.
How is property divided in a divorce?
Equitable distribution – property is divided fairly (but that doesn’t always mean equally). Factors such as length of marriage, contributions to household, earning capacities, and economic circumstances can influence distribution.
Can mediation be used?
Yes. Mediation is often required in most Iowa counties before trial and helps spouses reach agreements without prolonged litigation.
How much does a divorce cost?
Costs vary depending on complexity and level of conflict. Simple uncontested divorces can often be handled for a flat fee, while contested cases are billed hourly. Additional costs like filing fees and mediation fees apply.
Custody and Parenting Time
What’s the difference between custody and physical care?
- Legal custody – decision-making (school, medical care, activities)
- Physical care – where the child lives day-to-day
- Parenting time – scheduled time with the non-physical care parent
What types of arrangements does Iowa allow?
- Joint or sole legal custody
- Primary physical care [child primarily lives with one parent]
- Joint/shared physical care [child at both homes regularly]
- Split care
How does the court decide custody?
Judge looks at the child’s best interests – factors:
- Each parent’s ability to meet the child’s needs
- Prior caregiving history
- Ability to cooperate
- Stability of each home
- Safety concerns
Can parents submit their own parenting plan?
Yes. Courts generally approve agreed up (stipulated) plans if they serve child’s best interest
Do we have to take a parenting class?
Yes. Iowa requires a court-approved parenting education course
Can custody or parenting time be modified?
Yes, but only if there’s a substantial change in circumstances
What if the other parent is not following the order?
You may file for contempt, which can lead to makeup time, sanctions, attorney’s fees, or other remedies.
Child Support
What is child support and when does it apply?
Every parent in Iowa has an obligation to financially support their child. This applies to minor children, children who are full-time high school student expected to graduate before age 19, and child with a physical or intellectual disability who depend on their parents.
How is support amount determined?
Support is calculated using the statewide child support guidelines established by the Iowa Child Support Guidelines and the courts. Each parent’s monthly adjusted net incomes, number of children, etc. are all factors.
Who can establish a support order and how?
CSS can initiate an administrative process and obtain court approval or courts can in divorce, paternity, or custody cases.
Can the support order be changed later?
Yes, if there is a substantial change in circumstances.
What happens if a parent falls behind on payments?
Non-payment can trigger enforcement actions such as wage withholding.
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