Legal Question in Family Law in Iowa
My ex and I moved to Idaho in 2004 after the incarceration of his father for molesting my then 8 year old daughter (his step daughter). Within 4 months of living there, my ex started a sexual relationship with a 14 year old. I then turned it in the CPS and he was convicted of lewd conduct with a minor under 16, he was to be charged with two but he pled out. He was also charged with robbery while he was on work release. Needless to say he spent some time in Idaho Prison. I divorced him thru the court systems there. That stated I had to doing everything straight down the middle, which included joint custody etc etc. I moved back home to Iowa later that year. My ex was released on parole in 08 and had it interstated to Iowa. Since then, he has failed to make any sort of reconnection with his children stating his parole officer wasnt allowing it right now. I had worked and worked with him, his po, etc to slowly introduce him back into their lives, One agreement was he was to never take them around his father.Well even with two chaperones I agreed to, they spent the day with my ex father in law. When I found this out, I expressed my distaste with my ex, his po, his shrink and so forth. I was then told all visitations were to end until further notice. That was over a year ago. Within this time, he has failed to pay the full amount of child support ordered, leading to 20,000 plus in arrears. He finally got his support modified in April dropping it down to 135 a month (lying about his income). He has not been paying any amount toward the arrears, This past week I got served with modification papers of our divorce decree with him seeking sole physical custody of our children!!!!! Giving me visitation and me to pay child support. I have no criminal record what so ever. I do currently reside with my children at my mothers house and have lived her for the past 3 years. I am a student and work full time. When I was served, it wasnt even done properly. There was not an oringinal notice attached nor was there a date set for a pretrial conference. I have very very limited funds to hire an attorney for this. My kids are 11 and 9. Their dad had not been around for the past 6 years. What do you think a judge will say regarding this? Thank You
1 Answer from Attorneys
The question is not what a judge will say or think but what arguments you can bring to refute his contentions, and for that you need to get yourself an attorney. Doing nothing is not an option. You can check with the Legal Aid people. the Drake Legal Clinic or the ISBA volunteer lawyer's project if your funds are limited.