My first draft petition

[Bigbird79]

#499, "My petition to modify, would like comments, criticism, opinions, anything is wel..."

 
 

           COMES NOW, Petitioner, and, in this Petition, states to the Court as follows:

1. That the marriage of the parties was dissolved by Default Decree of the xxxxxxxxxxxxx. A copy of said Decree is attached hereto as Exhibit "A".

2. That the Visitation Rights of the Petitioner were modified by Default Decree of the xxxxxxxxxxx District Court on xxxxxxxxxx. 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 xxxxxxxxxxxxxxxxxxx.

4. That the report filed by Respondent alleging sexual abuse, in order to modify the existing decree, containing the Petitioners visitation schedule, was not confirmed by xxxx DHS. Attached hereto as Exhibit "C".

5. That Respondent has continually denied Court Ordered Visitation of Petitioner with the parties minor child.

6. That Respondent has interfered with telephone contact between Petitioner and the parties minor child.

7. That Respondent has alienated the parties minor child not only from the Petitioner but from the child's extended family, including, but not limited too, siblings, grandparents, aunt's, uncle's and cousins.

8. That Respondent uses the parties minor child as a pawn in all disputes, and sees the parties minor child as a trophy the Respondent has won.
9. That Respondent does not support or encourage the relationship between the parties minor child and the Petitioner.

10. That Respondent continually leaves the parties minor child with her significant other's mother, while the Respondent is home. The parties minor child spends all day in school and then goes to the Respondent's significant other's mother's home until its bedtime.

10. That Respondent puts Respondent's needs and wants in front of the parties minor child.

11. That Respondent and Respondent's significant other speak disparagingly and demeaning of the Petitioner in front of the parties minor child.

12. That Respondent has intentionally interfered in an ongoing Court Ordered Visitation, by calling the Sheriff's Department to file a false statement.

13. That Respondent has made remarks in emails that show the Respondent has no intention of doing what is best for the parties minor child, and has all intentions of replacing the Petitioner with Respondent's significant other, as the parties minor child's father.


14. That Respondent, in front of witnesses, admitted Respondent filed false sexual abuse claims against the Petitioner's brother, xxxxxxxxx Witness statements are attached hereto as Exhibit "I".

15. That Respondent does not allow Petitioner knowledge of parties minor child schooling records, parent teacher conferences, or progress reports. That Respondent does not allow Petitioner knowledge of scheduled doctors or dentists appointments, granted in the Original Divorce Decree.

16. Petitioner has drawn up a Proposed Shared Parenting Plan that is in the Best Interests of the Parties Minor Child. Attached hereto as Exhibit

17. Petitioner has contacted Respondent and Respondents Attorney concerning voluntary mediation to solve the Visitation problems, Neither responded.

18. Petitioner also requests the Court require Respondent to be responsible for one-half (½) of the amount owed to xxxxxxx, the Respondents' and Petitioners landlord while they were married. Copies of judgment attached hereto as Exhibit "J".

19. That a Substantial and Material Change in Circumstances of the parties has occurred since entry of the Decree of Dissolution herein.

20. That the Visitation set forth in the Default Judgment-Entry Modification of Visitation Rights be modified to grant Petitioner Joint Physical and Legal Custody of the parties minor child. And grant Petitioner make-up time for denied Visitations.

WHEREFORE, PETITIONER PRAYS, that the Court fix an immediate time and place of hearing on this Petition and prescribe the Notice to be given thereof to the interested parties herein and that on said Hearing the Court find and determine the allegations of this Petition to be true and correct and on said finding:
Modify and Grant the Petitioner Joint Physical and Legal Custody of the parties minor child, incorporate the attached Shared Parenting Plan into the modification, as it is in the best interest of the parties minor child to have a meaningful relationship with both parents,
WHEREFORE, PETITIONER 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.


I have the proof, ie, denials, police reports, phone logs, ect, and plan to list these as exhibits, but not sure how many are too many.

Any advice or comments or help is greatly appreciated.

So, according to this petition,

1.  I am in Iowa, but is my wording correct or am I lacking the correct words?

2.  Do I have the needed proof to warrent a modification?

Thanks Soc, for taking time to muddle through this

 

[socrateaser]

>Any advice or comments or help is greatly appreciated.

Close but no cigar. You must allege FACTS, not conclusions. For example:

"7. That Respondent has alienated the parties minor child not
>only from the Petitioner but from the child's extended family,
>including, but not limited too, siblings, grandparents,
>aunt's, uncle's and cousins."

The above statement is a conclusion, not a fact. You must state the facts from which the court would ultimately conclude the above to be true. And, hopefully, you have evidence to support those facts that you can attach to your petition.

Rewrite with this in mind.

>1.  I am in Iowa, but is my wording correct or am I lacking
>the correct words?

Sprry, I don't know the specifics of Iowa civil procedure, but you're propbaby pretty close.

>2.  Do I have the needed proof to warrent a modification?

I don't know, because you stated conclusions rather than facts.