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Parenting Issues This forum is for discussing any of the parenting issues involved in your divorce, including parenting of step-children.

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Old 03-09-2022, 06:32 AM
416excouple 416excouple is offline
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Default Ex Motivated by money

I am looking for advice on the best way to word in an affidavit "that my ex is motivated by money and that is why they are not agreeing to equal parenting time". or is it something I should just leave for judge to extrapolate?
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Old 03-09-2022, 08:08 AM
rockscan rockscan is offline
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Quote:
Originally Posted by 416excouple View Post
I am looking for advice on the best way to word in an affidavit "that my ex is motivated by money and that is why they are not agreeing to equal parenting time". or is it something I should just leave for judge to extrapolate?

Leave for the judge to extrapolate. They are pretty savvy. Simply outline why shared parenting is in the kids best interest.
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Old 03-09-2022, 09:26 AM
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blinkandimgone blinkandimgone is offline
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Stick to provable facts and avoid making statements with the intention of making the other party look bad. It rarely works and can end up making you look petty. Let their actions speak for themselves, judges aren't stupid.

At most, you could suggest that your ex has provided no valid reason why you shouldn't have 50-50.
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Old 03-09-2022, 09:36 AM
Stillbreathing Stillbreathing is offline
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Agree with Blinkandimgone. In addition, if you ever get to trial and start blabbing off at the mouth about this, the judge will shut you down so fast, your head will be spinning. Why? Because you can’t possibly know what another person is thinking or what motivates them. That is called hearsay. If you try to introduce hearsay evidence at trial you will discover that the court will not tolerate it. So why start now?
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Old 03-09-2022, 12:13 PM
Brampton33 Brampton33 is offline
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Judges are savvy and are not spring chickens. They know that when time with kids is involved, the underlying motivator is money.

Why is it a resistant parent is OK with offering 5/14, but think its blasphemy for 6/14? What is the hubbub if kids spend 2 extra overnights per month? The judge can ask the opposing parent to explain and they will not be able to come up with a plausible response that makes any sense. If you live a great distance away and school is impacted, then yes, that is a response. But if you live close to one another, it is much harder to provide proper rationale for it not to be equal time.

Just stick to facts. You cannot presume what the other side is thinking, even though its obvious. You will say "they are motivated by money" and they will respond "no I'm not..." Just outline all the reasons why you feel its in best interest of children to have equal parenting time with both parents.
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Old 03-09-2022, 12:30 PM
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Also of noteyour submission is additional evidence for consideration after trial. If the judge is giving you a chance to provide additional info for them to consider in the decision, dont put bold statements that are not based in fact.
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Old 03-10-2022, 04:36 AM
416excouple 416excouple is offline
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Thanks everyone for the valuable inputs. I agree.
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