Supplemental Petition Modification Parent Plan

Status
Not open for further replies.

angel4u

New Member
I am trying to secure full-time employment during normal business hours (9-530). Current final judgment states my pick-up time of my daughter at 5:10 p.m., as I was working a job back then that I finished up at 5:00 p.m.

I have been unemployed for six months. I asked former husband if he could keep her an extra 30 minutes twice a week to accept a full-time position and he told me it was not his problem and to "knock myself out" bringing him back to court.

Also, he takes her every Saturday from 3-7pm and that breaks up every single weekend so neither of us can take her to visit out-of-town family. This whole petition will actually give him more time with her, but he just wants to fight with me on those stupid few minutes.

My ex-attorney (ex because I can no longer afford him) sent a letter to his attny on 10/28 to ask for mediation on this matter. As of this date, I have had no response at all.

My main issue in the modification request is to be able to secure any full-time position should it be a 9-530 schedule.

I filed the supplemental petition for modification parenting plan / other relief and all other documents to be filed. It was served on him via sheriff.

His attorney then filed a motion to dismiss my petition saying I did not FILE the papers properly. The petition was, in fact, FILED properly but not SERVED properly. (I left off the last page that shows it was sworn to).

So, I had him re-served via alias summons with the entire petition, including that back page.

I then filed an answer to his motion to dismiss stating all of the above and attached the new Notice of Service to my answer.

Did I do all this right? What is the next step? A hearing on this? Are they just trying to buy time to file an answer to the petition? What are my chances of getting the court to grant this modification?

Obviously I am Pro Se.
 
It's just stalling tactics.
If you are unable to pick up your daughter at 5:10 because of a new job that is fine. Whether or not your ex agrees to it does not matter, just let him know of the problem and advise when you will be able to pick her up- and then when you do get back into court you can get a modification to reflect the changes.
In the mean time you may have to travel a little further to pick her up if you can't be at the agreed place at the agreed time. Keep a copy of the custody order handy in case he tries to prevent you from picking up your child late. He will get himself in trouble if he does that.
You have a legitimate reason- no judge/mediator is going to fault you for it, and it sounds as if you are being reasonable in trying to make accommodations.
 
Well, I couldn't accept that job because he would not accommodate those few minutes. I am still job searching, but this is going to be an issue for any upcoming job I may get offered (9-530). Can I still petition for that time I think I may need or is it a moot point now?

I'm not quite sure I understand the rest of your reply.
We meet at a local gas station to do the swap. He gives her to me. He said he will just sit there at 510 and that's it. No new time, no new meeting place. He threatened to take legal action on me if I was late those two days to get her from him. His answer to everything is "Final Judgement. That's it". He claims he is busy too, but he owns his own restaurant and works nights. Surely he has that flexibility in his schedule.

I also filed a motion for temp support and temp modification of parent plan. I am asking for attorney fees (especially the ones I had to pay to try to get him to go to mediation), some extra child support and some loss in income due to his unwillingness to cooperate.

Does it sound like I would be granted any of my requests in the petition or motion for temp support? Or is it possible the judge may say that it indeed is "my problem". My ex suggested dropping her at a care provider for those few minutes. That would mean she would be in school, then aftercare, then with him and then to a new place. I fail to see where that is in her best interests.

What should I expect next? A hearing on the motion?
 
Last edited:
What happens if I am offered a small self-employed project during the time waiting for judge to hear case? How would I file a notice to the court to show this change? Financial Affidavit and Child support guidelines have not yet been filed?
 
Next Steps

So after I filed the answer to his motion to dismiss, filing everything properly, what should I expect next?

If the judge does deny his motion to dismiss, can she do it before a hearing is scheduled, or does it automatically go to hearing?

How will I be notifed in either of the scenarios?
 
Angel,

You are the Movant, so you are in charge of asking for and getting a hearing. If you feel oral argument is necessary then you must file a Rule Nisi motion that puts a hearing date on the book and notifies the other side that you have done so. They are simply playing around with your lack of knowledge and experience hoping that you will get frustrated and quit.

If you do get before a judge, she will be very frustrated with your husband's tactics. He should be accommodating your schedule as long as it is not a ridiculous request. The best interests of the child are what rules in this case. He is exercising the letter of the law. A judge won't be happy with his childishness.

I wish I could see what you have done already, I would do some research for you.
 
What can I provide you that would help?

Do you need the particulars of what I am requesting in the original complaint?

So, no matter what I need to schedule a hearing? The judge won't just dismiss without a hearing?

I had a feeling it was stall tactics. I am determined to stay my course no matter what the throw my way. That's why this forum is so necessary.
 
Do you have the ability to scan? Will you send me what has been filed already?
 
Do you need the particulars of what I am requesting in the original complaint?

So, no matter what I need to schedule a hearing? The judge won't just dismiss without a hearing?

I had a feeling it was stall tactics. I am determined to stay my course no matter what the throw my way. That's why this forum is so necessary.
It's actually a ton of stuff. What about a fax? I can't tell you how much I appreciate your help. Are you actually an attorney?
 
My ex has now filed an answer to my petition and has filed a counter-petition. He now wants her 50% of the time. I don't understand how I have to fight him in court to actually take her more and then he counter sues asking for even more time. I have proof of offering him substantial extra visitation and make-up time, including Christmas morning, which he declined.

How will a judge view his counter-petitin considering he was refusing the extra time to begin with? Is he just doing this now to get child support reduced? Will my proof of his uncooperativeness help in getting his claim denied?
 
It seems mighty suspicious that your ex counterfiled after you'd requested a modification of child support - and the judge will see right through this.
 
Can anyone offer some advise on what points I should focus on in court and which ones I should prepare for from the defendant's side?
 
Status
Not open for further replies.
Back
Top