Brian Foddrill’s Answers

My husband agrees to give me sole legal & physical custody of our 3 year old & our divorce will be uncontested. Likely?

Brian’s Answer

• September 27, 2017 7:07pm

The bottom line is what is in the best interest of the child. If the court agrees with you both and does not see a potential for harm to the child then you have a chance of getting what you ask for.

If a couple agrees on all terms of a divorce and it is uncontested can we get one lawyer to file the paperwork for us?

Brian’s Answer

• September 27, 2017 6:47pm

This is quite normal actually. I just finished two of them recently. It is true that one party is "pro se" but they still will get a chance to review everything ans sign off on it. If there truly is no disagreement, then the process is typically pretty smooth.

What are the steps to take to prevent my childs mother from moving out of state with my daughter?

Brian’s Answer

• September 27, 2017 6:44pm

You may have luck asking for your own modification awarding you primary care if she really is taking your child to unsafe or inadequate conditions. If you don't think you can win that, you can ask the court to stop her from moving there (at least unless she gets a better place). Typically, you cannot stop the primary care giver from moving. If it is over 150 miles you can ask for a modification of visitation though.

My ex is to pay me alimony. he is not paying me. he is paying the lawyer with my $. how/what can I do??

Brian’s Answer

• September 27, 2017 6:40pm

You need to file an Application to Show Cause (contempt) accompanied with a supporting Affidavit stating how your husband violate the Decree. Your husband will have some "explaining to do" to the Court. You will want to contact a family law attorney in your area to help you with this.

I need to sign a vehicle title over to buyer my husband Abandon me is in Texas and can I sign the title over?

Brian’s Answer

• September 27, 2017 6:21pm

Look at the title. If your name is on it and the word "or" is between your name and your husband's then you can sign it over. If your name is not on it or the word "and" is between you names then you will need his signature. If you cannot get him to sign, you may need to get a court order to receive a new title.

Will I have to go to a hearing if l file contempt of court charge?

Brian’s Answer

• September 27, 2017 6:16pm

In Iowa you should file an Application to Show Cause accompanied with a supporting Affidavit state how your husband violate the Decree. Your husband will have some "explaining to do" to the Court. You will want to contact a family law attorney in you area to help you with this.

My daughters landlord is breaking their lease, how long do they legally have to vacate?

Brian’s Answer

• September 27, 2017 6:01pm

Assuming they signed a year lease the landlord cannot break that lease without cause (non-payment of rent, unsafe conditions, etc.) and even then they may be required to provide a notice to cure in some instances. That aside, assuming Landlord has a legal right to end their tenancy (typically in a month-to-month situation) the Landlord must provide to them, according to service required by law, a 30-day notice. That notice must be provided at least 30-days before the next rental period. That means, if rent is due October 1, then the notice must be received, or deemed delivered, before September 1. Bottom line, in most cases, tenancy ends on the date the next rent is due provided there was a proper 30-day notice. If they received notice September 1-30 then tenancy will end November 1.

Can someone change the locks on you?

Brian’s Answer

• September 12, 2017 7:27pm

Assuming you don't have a lease in place with your boyfriend, you would not have many legal rights other than the right to retrieve your possessions. You r best be is to have the police escort you while you retrieve your items if you feel he will not allow you to do so freely. If you think there was some verbal agreement, your best be is start a small claims action.

When you know someone is doing drugs and selling drugs, when there is little kids in the house? What should I do?

Brian’s Answer

• September 6, 2017 7:36pm

I am not a criminal law attorney but I would start by making a report with the police or sheriff. If the father is in fact doing and selling drugs in the house with the children he will be arrested if caught. In regard to family law matters, a conviction of that nature will certainly be favorable to anyone who moves for a modified custody hearing.

Is defamation of character/libel considered willful and malicious intent?

Brian’s Answer

• September 5, 2017 1:24am

The following is a Fifth Circuit decision out of Texas that I think might help you decide. With the information you provided it is impossible to say for sure, but this should help you decide if you want to pursue BK:

In re Memon, Barkr. Court, SD Texas 2014.

Judge Letitia Paul held that Section 523(a)(6) applies to acts done with the actual intent to cause injury, not intentional acts that cause injury. The court also held that according to 5th Circuit precedent, a debtor must have acted with "objective substantial certainty or subjective motive to inflict injury."

Hopefully this gives you some thing to consider. You definitely need to talk to an Iowa BK attorney and dig deeper into how the charges were brought against you.