Ask a Legal Question
  1. #1

    Join Date
    Jul 2013
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Custody hearing taking place after Motion to Set Aside Default judgment? DV charge

    Jurisdiction / State: Iowa

    Long story short, my ex and I have a 1 year old together. We have been split since December. In between December and February we were working on our relationship. I was not ready to jump back into our relationship so my ex went behind my back and filed for custody. While we were "working things out" he told me to forget the papers he had filed and the request for mediation. I only actually received one set of papers and didn't think much of it because we were trying to reconcile. Anyway, when I didn't want to jump back into things he showed up at the custody hearing and I was not informed until I received papers that said I had a default judgment against me and that he now had sole custody with us both have legal custody. I have been granted a hearing for Motion to Set Aside Default judgment in three weeks. My lawyer and I have the proof that I need to win the case. My question is, if they decide my case is valid and wipe the slate clean and let us start over, how soon is an actual custody hearing after the Motion to Set Aside hearing? Won't they want to get custody established quickly? Will he still have sole custody until our actual custody hearing? Some side information: This man was convicted of domestic abuse two weeks after the default custody hearing. (He had pushed me and left red marks on me back in December which was our reason for splitting.) Another side note: At this hearing in three weeks it is also a contempt hearing. He has tried to take away my time with my daughter. He has basically tried to alienate me away from her withholding her medical and daycare information even though we have joint legal custody of her. Given this information, what do you think will be the outcome and how soon? Please do not judge. There is no reason I should not be taking care of my daughter. I have a Bachelor's degree,and I make a pretty decent salary working for an insurance agency. I also have a 2 year old daughter who is her half sister who have been together since my ex and I's child was born. Advice? This is in IOWA


  2. Moderator Samaritan & Scholar

    Join Date
    Dec 2009
    Location
    Weigh a pie
    Posts
    5,115
    Thanks
    96
    Thanked 469 Times in 457 Posts
    I'm sorry, but we really cannot (and should not) second guess your attorney. These are questions s/he should be answering.

Similar Threads

  1. Motion to set aside default judgement
    By weatherman55 in forum Alternative Dispute Resolution
    Replies: 4
    Last Post: 06-17-2011, 09:18 PM
  2. Set aside and vacate divorce judgment (default)?
    By winter1977 in forum Divorce, Separation, Annulment
    Replies: 10
    Last Post: 11-02-2010, 09:01 PM
  3. Motion to Set Aside Default Judgment
    By deafbusta in forum Other Residential Landlord & Tenant Issues
    Replies: 0
    Last Post: 06-22-2010, 03:34 PM
  4. How do I respond to a motion to set aside a default divorce decree
    By ranman55 in forum Divorce, Separation, Annulment
    Replies: 3
    Last Post: 02-09-2010, 09:37 AM
  5. Motion to set aside default judgement
    By mashellriver in forum Other Debt, Collection, Garnishment
    Replies: 1
    Last Post: 11-13-2009, 11:14 PM

Log in

Log in