How to go about asking opposing party for settlement

[melissa1968]

State is Iowa

I am NCP, ex is CP.  She has filed a petition to modify my already small amount of visitation time, to once every 3 months supervised.

I do have the needed proof to show her allegations false.  She obviously does not know that as she filed this frivolous petition.  I have dated pictures and reciepts from a store in the town where visitation occurs with date and time printed on them.

I have answered and denied all relevant statements.

I could just motion the court and ask for modification for increased visitation, but again the child is going to be affected by all of this

Trial date has not been set.

I would like to offer up settlement, but not sure how to do it.  I do not have an attorney and cannot afford to retain one.

Any suggestions on how to offer up settlement?  


I would like to ask for visitation time increases.

Any help greatly appreciated.

Thanks.

[John-J-Jay]

A couple of questions.

How old is your child? Why was you given supervised visitation? Have you had any criminal record etc since last order? How long has it been since the entry of the last order?

[melissa1968]

The child is 9.

I was given supervised because ex called in DHS, said my brother sexually abused the child, DHS found it untrue and ex was suppose to dismiss her petition to suspend visitation, which she did not, went to court and recieved default judgement, which gave me supervised visitation.

No criminal record

I tried in 2004 to take her to court pro se, but was not ready, and did not get the order changed.  so basically order has been in effect since 2003.

[John-J-Jay]

do you have documentation that she was going to agree to have the peition withdrawn?

I'm confused as why you was given supervised visitation when it was your brother. I would fight this to the fullest to get the time you deserve. If her alligeations are false I would sue her for slander and liable. People can't treat people the way you were done. It tarnishes your name and character.

I'm a dad who has had custody of my daughter since she was 2, she's 10 now. I'm currently in a battle with her mother. She hasn't paid child support for 4 yrs and now that i'm asking for it thru the courts she's trying to fight for custody.

My point to you is to FIGHT and I Mean FIGHT for your rights as a dad. Your child deserves you in their life, DON'T let anyone take that away from you! It's the child that Matters not us as parents it's all about the child. Adults can be selfish.

what state are you in?

[Zephyr]

just out of curiosity- why is your screen name melissa if you are male?

[melissa1968]

So that my ex if she goes snooping around these sites, will not think its me posting things.

I am in Iowa by the way

[Zephyr]

good 'nuff- there are some crazy ex's out there!

if she has a lawyer you call him up(or send a letter) and ask him if his client would be interested in trying mediation to get this resolved between yourselves rather than having the court decide

[williaer]

Sorry John-J-Jay- but this is bugging me and it is in both of your messages- the sentence is "Why WERE you given supervised visitation?"...not why WAS you given it....just a pet peeve of mine.

[melissa1968]

Iowa is the state

Since ex has petitioned the court to make visitations even less, can I counterpetition the court asking for more visitation based soly on the documented denials of visitation?

Would that be considered enough for a substanial change of circumstances?

Thanks.

[mistoffolees]

>Iowa is the state
>
>Since ex has petitioned the court to make visitations even
>less, can I counterpetition the court asking for more
>visitation based soly on the documented denials of
>visitation?
>
>Would that be considered enough for a substanial change of
>circumstances?
>
>Thanks.


I would say, probably not.

However, you may not need to do so. What does your original court order say wrt visitation? Does it spell out specific dates and times or is it the useless 'reasonable visitation' type of wording?

If the order spells out specific times and you can prove that you're being denied, you can file for contempt and ask that the order be enforced. You can also ask for makeup time for the visitation that you've missed.

If that's still not enough visitation (compared to typical guidelines such as EOW and one evening during the week if your local), then you'd probably need to discuss it with an attorney to see what might be available to you to gain more visitation.