what are the laws of child desertion in iowa?

Question

My ex husband has not seen our children since the beginning of this year, he is supposed to see them every other weekend. He doesnt call them or have any contact at all. I do recieve child support only because it is garnished from him. I have no way of contacting him if need be and I was issued a no trespass order from the police due to him. So I am sitting here with my hands tied. I do take them where we are to meet for his weekend visits and he doesnt show. How long do I have to endure this from him? I dont have the money to take this to court but I dont want to be at fault. My question I guess is what ground do I stand on and what is the law of desertion in Iowa. I have looked to no avail on the web and I am very concerned with this. I believe this falls in the desertion catagory, however, I am not a legal representative. Please help. My kids dont even want to communicate with him or see him at this point(their choice)

Answer 1

Are you remarried, and have been for at least one year? If so, you MIGHT be able to have his parental rights ended if your new husband is willing to adopt the children. This is only a maybe, and only if your ex is willing to sign away his rights. You would, of course, no longer get child support from him.

The big problem with getting his rights severed is that, although he hasn't seen the children for several months, it needs to be at least a year of no contact. Another problem is that the courts consider his paying child support contact, even though the only reason he does so is because of the garnishment.

I'm sorry that your children have to go through this. I bet it breaks their hearts to get ready to go see their father and then he doesn't show up. Just make sure your kids know that it's not their fault that he doesn't show, and that he's the one with the problem, not them. I would suggest showing up with the kids at the location for the visitation exchange, but not letting the kids know that their father is supposed to pick them up. Wait 5-10 minutes, and when he doesn't show, go on with your plans for the weekend.

And remember, you've got the best end of the deal. You get to spend more time with your kids.