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Help filing Motion for Change??

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  • Help filing Motion for Change??

    It has been awhile since I have posted here. I ended up going to court without a lawyer as right before court the lawyer asked for a 10,000 retainer that I just didn't have. So I went to court and got slaughtered by my Ex's lawyer, it was a mess. In the end there was a custody order laid out which I have been following for the last year. Things have not been going great but all I want is time with my kids so I grin and bear it. I honestly don't want to fight or argue with her so I just continue. Things have started to get worse so I want to file a motion to change some of the things in the agreement. I want to deal with March Break first then deal with the other issues. As March Break is coming and would like to get it dealt with first as well a learn how to do a motion. It is an every other weekend agreement with the clause stating " the father shall also have access to the children at other times as may be agreed upon by the mother who shall not unreasonably withhold her consent" So I asked her for the children this upcoming March Break and she said No. I informed her that she has had them the past 3 years and I would like them this year. The answer was still NO. Now the agreement includes holidays and mothers/fathers day but not March Break. So I would like to put a clause in the agreement stating that we alternate years to who has the children on March Break. I would also like to go to the courts with the fact that she is not upholding her end of the agreement. This is not the first time she has said no to extra visitation, she will even say no and then send the kids to the sitters. On an on going basis I have been picking the children up on my weekends from the sitters, so I asked if I could pick them up earlier so they spend less time there. She says she is sticking to the Court Order and this is her answer for everything, but when convenient to her I can pick them up early or have them late.
    There are more clauses in the order she is not following but I just want to deal with this first. How would I go about do this?

  • #2
    If she is not going to consent to your motion...then you have a bit of an uphill battle ahead of you. I filed my motion to change in December 2011...yes, that is correct. There is still no resolution. I do however have a mountain of legal bills. Perhaps I am just disillusioned with the entire legal process. But even if you have a court order...does that mean she will adhere to it? It has been my experience that it is difficult to enforce things like the above. I'm sorry that I am not much help...just something to think about. I would try to resolve without legal process if you can...or at least a motion on consent.

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