Soc, 2nd draft of Petition to modify....please look and critique, I want to file...

[lissa68]

       
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   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 XXXXXX, XXXXDistrict 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 the XXXXX XXXXXX, 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 XXXXXXXXXXXXXXXXXXXX.
4.  Modification of Respondent's visitation rights was based on an unfounded DHS report.  Respondent has witness statements to proved that Petitioner lied in filing this report with DHS.  Therefore, the modification should have never occurred.  Witness statements and copy of DHS report attached hereto as Exhibit "C".

5.     That Petitioner is unable or unwilling to facilitate Court Ordered Visitation between the Respondent and the parties minor child.
6     That Petitioner is unable or unwilling  to facilitate telephone contact between Respondent and the parties minor child.  
7   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.  
8   That Petitioner has interfered in an ongoing Court Ordered Visitation by calling Sheriff's Department in an attempt to thwart Respondents Court Ordered Visitation time.  A Copy of said Sheriff's report is attached hereto as Exhibit "D".
9.   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.
10.   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".
11.   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 admission of lying to get a modification of visitation rights in emails between Petitioner and Respondent.
   F.  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.



   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 XXXXXXXX, XXXX District Court, to wit:

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

   B.  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:

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

   D.  Award Respondent three hundred forty-four (344) hours of make up time for denied visitations by Petitioner;
   
   E.  Adopt a Temporary Parenting Plan until further hearing in this matter;

   F.  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.




                                                    __________________________________
                                                   

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

   I, Tony James Johnson, being first duly sworn upon oath, depose and state that I am the Petitioner 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.


                    ________________________________
                                                       



   STATE OF IOWA,          )
                                                 )  SS:
   WORTH COUNTY       )






   On this ____ day of __________, A.D., 2003, before me, the undersigned, a Notary Public in and for the State of ; personally appeared XXXXXXXXXXXXXXX to 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









Thanks  SOC   :)

[socrateaser]

Well, the document still contains numerous unsubstantiated allegations. If you can't prove something, you probably shouldn't allege it (unless you are celebrity, of course). But, we've discussed all this before, and since you're not taking the stuff out of your revisions, I suggest that you just go with it and see what happens.

[lissa68]

Melissa(lissa68)

Soc,

  I removed the allegations from my petition, it must have been an oversight on my part, but only the substancially provable things were left in.  So thank you for putting up with my allegations and calling me on them.  I filed it this morning, and thank you for your help in it.  Keep your fingers crossed for me  lol

Lissa68   :)