Questions for you Soc........................................

[lissa68]

Melissa(lissa68)

This is the petition we filed:

IN THE DISTRICT COURT OF THE STATE OF XXXX
IN AND FOR WORTH COUNTY
IN RE THE MARRIAGE OF XXXXX XXXXXXXAND XXXXXXXXXXXXX

UPON THE PETITION OF, *
XXXX XXXXX XXXXXXXX, * EQUITY NO. XXXXXXXXX
RESPONDENT, *

AND CONCERNING, * PETITION TO MODIFY
XXXXX XXXXX XXXXXXX * DEFAULT JUDGEMENT-
PETITIONER. * ENTRY MODIFICATION
* OF VISITATION RIGHTS
***********************************************************************
COMES NOW, Respondent, and, in this Petition, states to the Court as follows:

1. That the marriage of the parties was dissolved by Default Decree of the XXXXX County, XXXX District Court on March 25, 2002. A copy of said Decree is attached hereto as Exhibit "A".

2. That the Visitation Rights of the Respondent were modified by Default Decree of theXXXXXCounty, XXXX District Court on September 3, 2002. A copy of said decree is attached hereto as Exhibit "B".

3. That the minor child of the parties whose welfare is affected by this petition is XXXXXXXX XX XXXXX XXXXXXX, DOB 1/28/1998.

4. That Petitioner has allowed the parties minor child to be in a vehicle with an unlicensed driver, the Petitioner's boyfriend, that has seizures, during the time the minor child is with the Petitioner.

5. That report, by mandatory reporters, to officials' appropriate in the circumstances has occurred said officials' investigation of said report pending on the filing of this Petition.

6. That Petitioner is unable or unwilling to facilitate Court Ordered Visitation between the Respondent and the parties minor child.

7. That Petitioner is unable or unwilling to facilitate telephone contact between Respondent and the parties minor child.


8. That Petitioner is unwilling or unable to facilitate contact between the parties minor child and her extended family, which is not limited to, but includes, Grandparents, siblings, aunts, uncles, and cousins.

9. That Petitioner is willing to interfere in ongoing Court Ordered Visitation by calling Sheriff's Department during Respondents Court Ordered Visitation time. A Copy of said Sheriff's report is attached hereto as Exhibit "D".

10. That Petitioner has been uncooperative with the Court's Original order dated March 25, 2002, in which Petitioner is to keep Respondent informed of any and all medical, dental, and educational appointments.

11. That Respondent contacted Petitioner and Petitioner's Attorney in an attempt to set up voluntary mediation to work through the parties difficulties in adhering to the Court order and making amicable changes to further benefit the parties minor child, Petitioner was unwilling to facilitate that option. Copies of letters are attached hereto as Exhibit "E".

12. Respondent states that a material, substantial, and continuing change of circumstances has occurred, which include, but are not limited to:

A. Petitioner's unwillingness to facilitate and foster the relationship between the Respondent and parties minor child.

B. Petitioner's unwillingness to facilitate contact of the parties minor with members of her family.

C. Petitioner's unwillingness to work with Respondent in working out the best possible solution for the parties minor child to have a meaningful and ongoing relationship with both Parents.

D. Petitioners unwillingness to have a home phone number where child can be reached.

E. Petitioner's unwillingness to allow Respondent information as to where the parties minor child is before and after school, and on the days parties minor child is not in school.

F. Petitioner's unwillingness to follow the court order in reference to the Visitations being supervised by either a member of the Petitioner's family or a Public Official. Petitioner is unwilling to follow the court order and appointed Petitioner's boyfriends' mother, whom is not a member of Petitioner's family or a Public Official. Respondent discussed this with Petitioner , and Petitioner chose to disregard this.







WHEREFORE, due to the changes in circumstances stated herein, Respondent respectfully requests that this Court modify the Final Judgment and Decree of Divorce entered in this cause on March 25, 2002 and September 3, 2002, in XXXXX XXXXXX XXXX District Court, to wit:


1. Terminate Petitioner's Sole Physical and Joint Legal Custody of the minor child, and award a judgment of Joint Physical and Joint Legal Custody as it is in the best interests of the child to do so;

2. Modify the existing Visitation Order and incorporate the attached Respondent's Shared Parenting Plan into the Modification as it is in the child best interest to have a meaningful relationship with Both parents:

3. Terminate Respondents child support order and order child support pursuant to Shared Custody child support guidelines for Iowa;

4. Award Respondent three hundred forty-four (344) hours of make up time for denied visitations by Petitioner;

5. For any such other and further relief that the Court may deem just and proper in the circumstances;






WHEREFORE, RESPONDENT PRAYS, that the Court fix an immediate time and place of Hearing on this Petition and prescribe the notice to be given to the interested parties herein and that on that said Hearing the Court find and determine the allegations of this Petition to be true and correct and on said finding;
Modify and Grant Respondent Joint Physical and Legal Custody of the parties minor child, as it is in the best interest of the child to have an ongoing and meaningful relationship with Both Parents,
WHEREFORE, RESPONDENT FURTHER PRAYS, that on said hearing he have and be given such other and further relief as to the Court may be equitable in the premises.


__________________________________
XXXX XXXXX XXXXXXX






STATE OF XXXX, )
) SS:
WORTH COUNTY, )

I, XXXX XXXXX XXXXXXX, being first duly sworn upon oath, depose and state that I am the Respondent in the foregoing matter; that I have caused the foregoing Petition to be made; that I have read the same, know the contents thereof and the statements contained herein are true and correct as I verily believe.


________________________________
XXXX XXXXX XXXXXXX







STATE OF XXXX, )
) SS:
WORTH COUNTY )






On this ____ day of __________, A.D., 2003, before me, the undersigned, a Notary Public in and for the State of XXXX; personally appeared XXXX XXXXX XXXXXXXto me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed.


___________________________________
Notary Public in and for the State of XXXX

This is the answer we recieved:

1-12 all denied
All asked for was petition be dismissed

So my questions are

1. How can 1, 2, & 3 be denied?
2. What happens now? Does the Court set a date for this to be heard?
3. It is my understanding, and correct if I am wrong, that when I do have a hearing, I just bring in my proof, and the judge decides from there, right.?


Thanks For all your help,

Lissa68

[socrateaser]

>So my questions are
>
>1. How can 1, 2, & 3 be denied?

Well, a denial only means that the other party challenges you to prove the allegation, and if you do, then the court has authority to award you the reasonable cost of proving what was unjustifiably denied.

>2. What happens now? Does the Court set a date for this to be
>heard?

Well, as you are asking for a change in custody, you cannot get a trial until you prove the substantial change of circumstances. So, if you believe that you have sufficient proof now, then you should move for an order allowing a custody trial, on grounds that a substantial change in circumstances affecting the child's best interests has occurred.

You will request that the clerk calendar a hearing date when you file the motion. In some courts, this request is contained in the text of the motion, in other's there is a separate "notice of motion" form that you will fill out after discussing it with the clerk.
 
>3. It is my understanding, and correct if I am wrong, that
>when I do have a hearing, I just bring in my proof, and the
>judge decides from there, right.?

The judge will hear your motion, you will present your evidence/testimony, the other parent will present their defense, and the court will decide if you have met your burden. If so, you get a custody trial -- if not, case dismissed.

Personally, I would have filed for contempt first, if the other parent is not abiding by the custody order. You could still do that now.

[lissa68]

Melissa(lissa68)