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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 11-22-2018, 11:06 PM
Mom 2 Two Mom 2 Two is offline
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I know this has been brought up before. But I still am confused.

I have had a case conference. For the beginning of my motion to change.

Ocl was ordered...

In my answer to my exís custody claim I offered more time at Christmas and other times as well throughout the year in order to maintain keeping custody.

Now he is demanding this time that was offered this year at Christmas.

I agreed to some of the time he is requesting.

Please donít judge or give opinions on what I am offering or what he is asking for and why...

I just want to know if he can bring a motion to Have this time forced when our original agreement should still be followed.

Thank you




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  #2  
Old 11-22-2018, 11:10 PM
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blinkandimgone blinkandimgone is offline
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"In order to maintain keeping custody."

Not sure what that means?
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Old 11-22-2018, 11:16 PM
Mom 2 Two Mom 2 Two is offline
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So we have a separation agreement. I have sole custody. Have had it since 2013. He agreed to it no issues. I file motion to change to enforce section 7ís he stopped paying when he moved in with his new partner. I also had to file with fro to get child support. He answers back with a sole custody claim.

So in the part where it asks what order I want made.

I put in extra time. Extra vacation. Sundays nights. As well as me keeping custody.


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Last edited by Mom 2 Two; 11-22-2018 at 11:30 PM.
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Old 11-23-2018, 12:01 AM
StillPaying StillPaying is offline
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Custody and access should be 2 separate issues. Sounds like your ex agrees to the access schedule you responded with, but will go to trial for custody and support.

He can always bring a motion and it would be hard for you to argue against what you asked for. It's shady that he's cherry picking your offer, but they should be separate issues.
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Old 11-23-2018, 12:28 AM
kate331 kate331 is offline
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When my ex and I went to court last spring to work out the summer access schedule via a motion, we had to have a case conference first and ask a Judge to move it to a Motion, because we couldn't agree on consent. I think Mom 2 Two question is; do you always have to go though with as CC first? Or can you just file a motion to speed things up?

I think at this time, a Motion for Christmas would be impossible to get being just a month away. But I suppose it would depend on how busy the courthouse is in your area.
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Old 11-23-2018, 12:36 AM
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They filed their motion to change and completed their case conference. Either party can bring a motion now to address any of their issues. No further case conferences needed.

In my area, motions are available every Tuesday and Thursday, so you could definitely have a motion complete before Christmas.
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Old 11-27-2018, 02:52 AM
tunnelight tunnelight is offline
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The problem is that you have offered this Christmas time in your reply and not in an offer to settle.

Yes, he can file a motion for an interim order of Christmas terms you have already proposed.
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Old 11-27-2018, 07:31 AM
Mom 2 Two Mom 2 Two is offline
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Quote:
Originally Posted by tunnelight View Post
The problem is that you have offered this Christmas time in your reply and not in an offer to settle.



Yes, he can file a motion for an interim order of Christmas terms you have already proposed.


Thanks. I guess this is why I have changed lawyers. Nothing is ever explained to me so I understand the consequences of what is offered. I was told to put in my answer what I would want to settle the case. So that is what I put. I did put only if dad is off work )kids donít want to be left with his gf) Iím not against more time at Christmas... he is asking for way more than I offered and it leaves me with just 3 days and he isnít even off work. I am off work the time he is asking for so to me it doesnít make sense. Anyways. Thanks for the input. We are trying to negotiate this through lawyers right now.


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