Preparing Family Court Trial

Summary

The users ex-husband has filed a petition for modification of child custody and support. The user has been the primary caregiver of their daughter since 2013 and wants to maintain the current arrangement. The ex-husband is seeking to reduce his child support payments and alter the custody agreement to a week on, week off schedule. The users daughter prefers the current arrangement. The user is seeking advice on how to prepare for the upcoming trial and how to present evidence of her role as the primary caregiver. She is also considering seeking a guardian ad litem to represent her daughters interests in court.

Full Conversation

I have a order setting trial and pretrial matters for family court.
What specific issues are you facing with your trial and pretrial matters in family court?
I don't really know where to start preparing for the trial on Nov * and Nov *.
What is the nature of your case? Knowing this will help me provide more specific advice on how to prepare for your trial.
Ny ex husband filed a petion for modification he was granted a default judgement but im able to set aside it. My ex husband still want to continue the petition for modification.
What is the specific modification your ex-husband is seeking? This will help me provide more tailored advice.
Child custody and probably child support too.
What state are you located in? This will help me provide the relevant rules and regulations regarding child custody and support.
It will be at Butler County Iowa
What evidence do you have to support your case in the upcoming trial?

For Iowa:
- Child custody decisions are based on the best interest of the child.
- Butler County Courthouse: * 6th St, Allison, IA *, Phone: (*) *-*.
Ive bee. The primary caregiver of my daughter since *. There's has not been any circumstance that affect the current child custody
What changes in circumstances is your ex-husband claiming to justify the modification? This will help determine the strength of his case.
When he filed the petition for modification me and my ex husband have verbal agreement that my daughter will temporarily stay with him from july * * till i came back on march *
Did you document this verbal agreement in any way, such as through emails or text messages?
That when he won on default judgement and i was able to set aside the default judgement on june *
What is the current status of your case after setting aside the default judgement?
Court ordered as to m
What does "Court ordered as to m" mean in your case?
Do mediation but we didnt come up with the agreement.
What were the main points of disagreement during the mediation?
He pretty much more concer about the money he is paying for child support.
What is the current amount of child support your ex-husband is paying?
$* a month which i have full custody and he have a visitation every weekend.
What is your ex-husband proposing as the new child support amount?
He dont want to pay any child support if possible.
What is your ex-husband's reason for not wanting to pay child support?
Because his paying for Sophia's medical insurance i have insurance through state but he said its not good enough.
What is the current arrangement for Sophia's medical insurance and how much does it cost your ex-husband?
Im not sure how much his paying for medical.
What is the nature of the medical insurance your ex-husband is providing for Sophia? Is it a private insurance or through his employer?
Yes private insurance through his lawyer.
What are the terms of the private insurance provided by your ex-husband for Sophia?
Im not sure
What are the terms of your current child custody agreement?
He supposed to pay the $* a month and the medical insurance. Never ask him once to give me extra money for our daughter since *
What is your ex-husband's reason for wanting to modify the child custody agreement?
Its all about paying the child support but talking to our daughter its her best interest to not chabge anything on the current visitation agreement.
What is your daughter's age and does she have a preference on the custody arrangement?
He just turned * on aug *
What are your daughter's feelings about the current custody arrangement and the proposed changes?
She feels that the current custody agreement should stay the same.
What are the reasons your daughter wants the current custody agreement to remain the same?
She have better relationship with me than her better she was not able to talk to his father about how she feels.
What steps have you taken to communicate your daughter's feelings to the court?
I haven't done anything the trial was just decided yesterday.
What was the outcome of the trial?
There's no trial yet.
What are your plans for legal representation during the trial?
That's why im here i need a advice on what i need to prepare for trial. Our legal aid was not able to represent me .
What documents or evidence do you have to support your claim that you've been the primary caregiver and that the current arrangement is in the best interest of your child?
Can i provide her school records?
Yes, school records can be helpful to show your involvement in your child's life. They can demonstrate your participation in school activities, meetings, and your child's overall performance.
Im not in any PTO but my daughter's grade shows that shes doing good in schools.
What other evidence do you have that shows your active involvement in your daughter's life and well-being?
Took her to her doctor's appointments
Do you have any documentation or records from these doctor's appointments that can further support your claim of being the primary caregiver?
I can asked doctor office to provide all her visits.
That's a good idea. Do you have any other evidence that shows your active involvement in your daughter's life, such as participation in extracurricular activities, or communication with her teachers?
Yes when she have mac trial
What is the "mac trial" you mentioned and how does it show your involvement in your daughter's life?
I have tons of photos support that ive been involved with her life
That's great! Photos can be a powerful evidence. Do these photos show you participating in significant events or daily activities with your daughter?
Yes
What is your ex-husband's proposed child custody arrangement?
A week on a week off without any child support and he still continues paying medical support. Which im okay with it but my daughter prepare to just go to her dad on the weekends like what we been doing since *
What is your daughter's preference regarding the proposed week on, week off arrangement?
She didn't want this agreement she feels like she will not be able to talk to her dad and not able to express her feelings.
What steps have you taken to communicate your daughter's feelings and preferences to the court?
We talked everyday regarding on what's going on with her on school
Have you considered having your daughter speak to a child advocate or a guardian ad litem to express her feelings and preferences to the court?
No but thanks for informing me regarding this i was not even thinking about this.
Would you like assistance in finding a child advocate or a guardian ad litem in Butler County, Iowa? They can help represent your daughter's interests in court.
Can you help me find one in cedar rapids IA this is where we currently staying butler county is where the trial gonna be at.
Sure, I can help with that. Can you please clarify if you're looking for a child advocate or a guardian ad litem?
G
What is your daughter's full name and date of birth? This information is necessary to find a suitable child advocate or guardian ad litem.
What is gurdian ad litem?
A guardian ad litem is a court-appointed representative who investigates what solutions would be in the best interests of a child in a legal dispute, particularly in cases involving child custody or child abuse.
Is there any free child advocate in cedar rapids Iowa.
What is your financial situation? Depending on your income, you may qualify for free or low-cost legal aid services. In Cedar Rapids, Iowa Legal Aid might be able to assist. Their contact is (*) *-*.
I just started working
What is your current income and do you have any other sources of financial support?
Sorry can i continue this matter after all my kids get home i have to make sure that im able to get them from the bus stop
Of course, ****. Feel free to reach out when you're ready. We're here to help.
Thank you so much i wont close this page so i know where i stop
What is your current income and do you have any other sources of financial support? This will help determine if you qualify for free or low-cost legal aid services.
What kind of financial support would i need to provide.
What is your current monthly income and do you have any other sources of income or financial support? This information can help determine your eligibility for legal aid and the amount of child support you might be required to provide.
I have the child support my husband right now is working i have two other kids and im currently pregnant
What is your husband's monthly income? This information can help determine the potential child support amount.
$* a month
What is the monthly income of your ex-husband?
Im not sure
Do you have any idea about your ex-husband's financial situation or his ability to pay child support?
His able to pay child support a month and he even able to hire a private lawyer
What is the current employment status of your ex-husband?
Full time
What is the nature of your ex-husband's job?
He works at the hospital doing lab work.
What is your ex-husband's proposed amount for child support, if any?
He wants to stop paying child support.
What is your ex-husband's reasoning for wanting to stop child support payments?
Its a financial burden to him
What is your ex-husband's monthly income? This information can help determine if his claim of financial burden is valid.