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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 09-15-2020, 08:52 PM
Elomelo8387 Elomelo8387 is offline
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Default Access motion and costs

Hello,

So I recently received a letter from the ex’s lawyer that they are getting a date for case conference to schedule a motion to fight for access and will be going after full costs. So here’s the situation: my ex and I live apart with our son living with me. Never did I impede on his access. Last year pre Covid he was coming biweekly and I even give him all the stuff and food to make sure our son is taken care of. Post Covid he wasn’t coming regularly anymore. Even after stage 3 hit he’s come maybe once or twice and had his overnights with our son by either residing in a hotel or with his family but stopped coming regularly. I’m okay with him coming and sharing the holidays but he wants weeks at a time each month before our son goes to kindergarten next year. He’s such a small child. I don’t want to fight but I don’t see the logic of what he wants. If this goes to court from your experience — will he be able to get a court order to that degree. Also costs— provided I give a good offer to settle will he be getting his costs from me or is this a scare tactic? I’m just so fed up.
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Old 09-15-2020, 10:28 PM
rockscan rockscan is offline
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You always ask for costs. Doesn’t mean you will get them.

Make a reasonable offer. He let you move, he hasn’t exercised his time, he will have to demonstrate why his allowed status quo should change.

Getting a conference date is a good thing. It means a judge will start directing you both to settlement.
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Old 09-15-2020, 10:33 PM
Elomelo8387 Elomelo8387 is offline
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What is a reasonable offer? I was offering to continue half the weekends and half the holidays and extra time in the summer. I don’t mind giving up more time but our son is so small now.
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Old 09-16-2020, 08:42 AM
rockscan rockscan is offline
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Thats reasonable. He is also going to have to answer for why he was ok with the move but now isn’t. A judge will see through him quickly.
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