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Ryan E. Weese
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Ryan Weese’s Answers

22 total

  • What rights does a father have when unmarried but paying child support to see his child?

    The father and mother broke up before child was born. Had no problems until mother found another boyfriend. Now won't let father see child. Father pays child support and does work out of town periodically. Would like to see his child but mother wi...

    Ryan’s Answer

    Even if paternity has been established, the father of a child out of wedlock does not have any physical care rights to the child until such time as those have been specifically ordered by a court. The mother basically holds all of the cards. The payment of child support (through a formal proceeding) only establishes paternity and sets for the the support obligation. The payment of support, and even the basic establishment of paternity, does not include custodial rights. The father will need to petition the court to establish his rights to care for the child.

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  • What should I do if my attorney doesn't respond in time to ensure we are prepared for the final custody/divorce hearing?

    I have an ongoing custody and divorce case that started with a first hearing in September 2015. The final hearing is in June. My attorney has not responded to phone calls or emails for about a week now. My soon to be ex-husband is verbally abus...

    Ryan’s Answer

    Attorneys have an ethical obligation to stay in contact with their clients and to zealously advocate on their behalf. Although you should not have to take the lead, be sure that you try repeatedly to get in contact with your attorney. Also, reach out to the GAL. If your attorney continues to fail to respond, you may need to look to hire another attorney to take over the case. That attorney could better advise you as to the ability to move the upcoming trial, etc.

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  • The abuse claims are false but how do I prove that? Will having a GF effect my chance of full custody?

    My wife moved out of state Aug. 2014 and left our son with me as his primary caregiver. I filed for divorce July 2015 since then she visits every other weekend, prior to divorce filing it was monthly. She wants full custody due to the fact I have ...

    Ryan’s Answer

    The fact that your soon-to-be ex made the decision to leave your child with you speaks volumes of her real feelings that you are the better parent to care for your child. It sounds as if the allegations of abuse and threats to take you to court are knee-jerk reactions to finding out you have a girlfriend. Always be sure that all of your dating and living arrangements are all in your child's best interests. Being the primary care provider is a large responsibility. It may mean sacrificing your personal life to make sure your child is protected. When your divorce gets started, you will want to make sure you have an attorney to help you through the process.

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  • Can I move 122 miles away (into Nebraska) with my 2 year old son if the divorce doesn't stipulate if permission is needed?

    I'm getting a divorce. My husband and I have been separated since May 2013. There's a protective order in place, due to domestic violence. He's never seen our 2 year old son (I was pregnant when I left) nor has he made any effort to see him until ...

    Ryan’s Answer

    If you have an attorney, you most certainly need to discuss this with him/her. It is important to be truthful at trial, with your attorney and throughout your litigation. If your move is imminent, you need to be candid about the move at trial. As the other attorney answering this question alluded to, if you do not bring the move up at trial, and let the court consider it, you could very easily be brought back into court by your ex-husband after your divorce/move for a modification. There is nothing illegal about moving or moving out of state, but it could give the court the ability to re-visit your ex-husband's visitation schedule.

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  • 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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