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Ryan E. Weese
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Ryan Weese’s Answers

18 total


  • Can I get the car in my divorce?

    My husband and I bought a car together and paid for it together but the loan, registration and title is solely in his name due to my poor credit. He has never driven the car as he does not have a driver's license. It is "my" car. We recently se...

    Ryan’s Answer

    So long as you meet the residency requirements to file your dissolution in Iowa, you are entitled to an equitable division of the property. That quite often is an equal division. Make sure you make it known to your attorney that you would like the car, and the request would be considered by the court at a trial or can be resolved through mediation/settlement.

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  • My husband has 80 acre farm that was paid for before we got married. should i divorce him, am i entitled to half?

    Married over 2 years, together over 6. No prenuptuals.

    Ryan’s Answer

    • Selected as best answer

    Pre-marital property is not automatically given to the party who had it prior to the marriage. In Iowa, the pre-marital nature of the property is just one factor for the Court to consider. Other factors such as appreciation of value during the marriage, the length of the marriage, and the contributions of the spouse to the property during the marriage all contribute to the Court's ultimate determination of its division.

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  • My ex and I have court order that she can't move out of the county but she asked if she could move I said yes. Is it contempt?

    We have split custody of our two daughters. She gets them for two weeks and I get them for two weeks. It is a court order and also in the court order is that she can't move out of the county. She kept asking me if she could move out of the count...

    Ryan’s Answer

    You have a tricky situation. You acquiesced to a change in the court order, but it was never actually modified. Therefore, the original court order remains in full force and effect. To be found in contempt, a person has to willfully violate a court order. During the period you agreed she could move, there would not be a willful violation. However, if you no longer agree and do not stipulate to the new move, there may be a contempt. You will want to discuss the options of a modification and the merits of a contempt with an attorney. You do have options.

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  • Malpractice during the time I lost my twins?

    Was pregnant with twins. Had placenta previa. I also had a blood clot and kept bleeding throughout the pregnancy. I had contractions at 12 weeks. Kept going to hospital, got released every time. Then I lost my first twin at 19 1/2 week after going...

    Ryan’s Answer

    Any case involving pregnancy and the delivery/birth of children is difficult at best. However, it is important to have an expert review your case prior to engaging in lengthy litigation. You will need to consult with an attorney who has the resources to have your case analyzed by an expert and who can properly advise you as to all of the aspects of such a case. Be sure that your attorney has experience in cases such as yours. If your case has merit, your attorney should assist you in aggressively pursuing it. In contrast, sometimes unexpected results occur without any malpractice. By having an expert review in advance, you will have the peace of mind to know to pursue the case or to come to terms with a very unfortunate event without wasting time, effort and heartache in needless litigation. I wish you and your family all of the best.

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  • Do we still have legal parental rights for a 17 yr old child that has voluntarily moved from our home to her grandparents' home?

    Our 17 yr old child voluntarily moved from our home to her grandparents' home. We have not signed over any guardianship for her to them. Now they are making medical decisions for her on her behalf (she takes anti-depressant/ADD medications) Are...

    Ryan’s Answer

    By considering only the facts that you presented, you still have absolute authority to determine your child's medical needs as her parents. Unless your rights have been terminated or modified through a guardianship, you still have custody of your child. The custodial rights include, but are not limited to, determining her educational, medical and living arrangements. If you are not happy with the way the grandparents are helping to raise your daughter, have her returned to your home. If the grandparents will not voluntarily return her, you have remedies with the court.

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  • Is there a malpractice suit If the Doctor or hospital did not tell the results of CT scan to patient which is now passed away

    Was not told results of CT scan.Did not know there was a spot on liver or lungs until patient was approved for social security disability. Could of looked at different treatment options if we would of known it then before given 1 year to live. H...

    Ryan’s Answer

    There are many aspects to a malpractice case. The first, in a situation like your husband's, would be to determine the facts of the CT scan, including, but not limited to, what it showed, why it was missed, what could have been done had it been properly read/shared with you and your familly, and what a doctor in the same set of circumstances should have done to properly treat your husband. This analysis requires the services of an expert in the field with the proper background and medical training. You will need the services of an attorney with experience in this area of the law and working with experts to analyze whether or not you should move forward with litigation.

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  • In my divorce papers im suppose to get my kids on christmas day but my ex wife wont let me have them what can i do?

    In my divorce papers it states that I get my kids 2.5 wks out of the summer and everyother christmas i have been divorced for 4 years now and have not seen my kids once according to the divorce papers. What steps can i do to see my kids?

    Ryan’s Answer

    If you have been denied your visitation rights by the children's mother in violation of a court order (your decree), then you would have a contempt remedy to punish her for her willful violation of the decree and to enforce your rights under the decree. However, if you have simply chose to not exercise your visitation over the past four years, for whatever reason, your issue may become a little more gray. You should take action sooner rather than later to protect yourself and the realtionship you have with your kids.

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  • Can one parent decide to admitt a child for a mental observation on their own?

    Our 13 year old son has been dealing with anger mangement issues and depression. He is hearing voice and seeing things that arn't there. He loses control and has threaten to kill his sister and himself. I want to have him admitted to a hosiptal f...

    Ryan’s Answer

    Although you and the father of your son live together, you actually have a child out of wedlock. In that situation, you, as the child's mother, have complete custody and control of the child until the father has established his paternity. Even after the establishment of paternity, you certainly have sole physical care of the child. That allows you to make the day to day decisions for the child, including his medical/mental health care, until such time as the father establishes his custodial rights through a court order. If there is some court order establishing custody, visiitation, and paternity out there, you and the father will need to follow that court order. You should seek the advice of an attorney should you have additional concerns.

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  • Can I terminate my ex's parental rights to my daughter, 3 years old? He's never seen her or asked.

    I live in Iowa with my husband and daughter. My husband is not the biological father of my daugther but we have been together since I was four months pregnant. He was there when she was born and every day after. He has supported her since day one ...

    Ryan’s Answer

    The Iowa Code allows you to privately terminate the natural father's parental rights in situations such as what you set forth above. His lack of support payments and complete lack of involvement in your daughter's life suggest that a termination would be in her best interest. Even if the natural father objects, the facts support a termination. Also, your husband would be in a perfect position to adopt as part of the same proceeding.

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  • My childs father has taken my daughter from me (the mother) I have not seen her since tuesday July 31, 2012 I need help

    No one is telling me where my daughter is or let me know she is ok, I literally have tried everything possible to find out where my daughter is and how I can get her back, but nobody is able to help me, the officers have nothing to do with stuff l...

    Ryan’s Answer

    As an unwed mother, you have complete custodial rights to your child even if the father has "acknowledged" his paternity. Until such time as the court grants him specific custodial rights, you have an absolute right to go get your child back. If he refuses, I would suggest you bring an action with the court to establish his paternity, get your custodial rights inked in an order and start getting child support from the father.

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