In this video, our Polk County contested guardianship attorneys explain how like nearly every other state there is a pathway to regaining parental rights in Iowa. However, Iowa law is somewhat ambiguous after 30 days have passed since the termination of the original parent’s parental rights. Whether within the 30 day period or outside, when trying to regain parental rights the original parents must prove to the court that they have resolved the issues leading to the stripping of their parental rights. There are four reasons for the termination of guardianship in Iowa:

1. The child reaches the age of 18;
2. The child enters the military, marries, or is declared an adult by court order;
3. The child dies before the age of 18;
4. The court orders the guardianship terminated.

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In this video, our Polk County contested guardianship attorneys explain how sometimes a guardianship will need to be modified due to a change in the ward’s physical or mental capacity. The guardian may require more powers to make choices for the ward, or if the ward’s physical or mental capacity improves the ward or other interested parties may feel the guardian should have his or her powers reduced.

Changing or modifying a guardianship is more or less the same as the setup process. A “petition for modification” is filed with the court by the interested party, a hearing will be set, and any interested party may present his or her facts at the hearing. Just like in the original hearing, the court will decide what level of guardianship is required. A “limited” guardianship is often the case when it appears that less responsibility needs to be held by the guardian.

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In this video, our Polk County contested guardianship attorneys explain how in matters involving custody, such as divorce, the Court may appoint a GAL to represent the best interests of any minor children. The GAL’s duties include:

• Conducting an initial in-person interview with the child, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child;
• Maintaining regular contact with the child
• Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child
• Interviewing persons providing medical, mental health, social, educational, or other services to the child prior to any hearing, and attending these appointments.
• Obtaining knowledge of facts, circumstances, and parties involved in the matter in which the person is appointed GAL
• Attending depositions, hearings, or trials in the matter in which the person is appointed GAL, and filing motions or responses, making objections, calling witnesses, offering evidence, and questioning witnesses on behalf of the best interests of the child, and propose requested relief.

However, the GAL is not allowed to testify, serve as a witness, or file a written report in the custody matter. The GAL is also not allowed to also be the child’s attorney, or family reporter, in the same matter.

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