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  1. #1
    chrystald423 is offline Junior Member
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    help with a response to a motion to modify custody

    What is the name of your state (only U.S. law)? Maryland

    I am requesting advice on how to respond to a motion to modify custody. The current situation is: The petitioner of the motin to modify the custody in this case has physical custody. The respondent of the motion has joint legal custody only. The visitation has been at the discretion of the petitioner. The petitioner and respondent do not get along. The petitioner has filed a motion to modify custody to grant full custody be given on them. The respondent wishes to respond to the motion asking that custody be granted jointly to allow the child to stay with them at least half of the time or to ensure that they are allowed proper time for visitation.
    Some of the information written in the motion is not factual. Should the response address the statements by the petitioner and/or should it just address the wishes of the respondent?
  2. #2
    LdiJ is online now Senior Member
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    Quote Originally Posted by chrystald423 View Post
    What is the name of your state (only U.S. law)? Maryland

    I am requesting advice on how to respond to a motion to modify custody. The current situation is: The petitioner of the motin to modify the custody in this case has physical custody. The respondent of the motion has joint legal custody only. The visitation has been at the discretion of the petitioner. The petitioner and respondent do not get along. The petitioner has filed a motion to modify custody to grant full custody be given on them. The respondent wishes to respond to the motion asking that custody be granted jointly to allow the child to stay with them at least half of the time or to ensure that they are allowed proper time for visitation.
    Some of the information written in the motion is not factual. Should the response address the statements by the petitioner and/or should it just address the wishes of the respondent?
    The respondent should respond to each and every point the petitioner made first, and then afterwards add any new points that the respondent wants to make or request.
  3. #3
    chrystald423 is offline Junior Member
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    Thank you

    I appreciate the help.
  4. #4
    profmum is offline Senior Member
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    Quote Originally Posted by chrystald423 View Post
    What is the name of your state (only U.S. law)? Maryland

    I am requesting advice on how to respond to a motion to modify custody. The current situation is: The petitioner of the motin to modify the custody in this case has physical custody. The respondent of the motion has joint legal custody only. The visitation has been at the discretion of the petitioner. The petitioner and respondent do not get along. The petitioner has filed a motion to modify custody to grant full custody be given on them. The respondent wishes to respond to the motion asking that custody be granted jointly to allow the child to stay with them at least half of the time or to ensure that they are allowed proper time for visitation.
    Some of the information written in the motion is not factual. Should the response address the statements by the petitioner and/or should it just address the wishes of the respondent?

    1. Lay out the case's procedural history in a concise manner.
    2. address every point, para by para made by the petitioner with any evidence you have (correspondence etc).
    3. state clearly what the respondent wants and ask the courts to order both parties into mediation,if that is required or will help, or set it for a hearing.
    The courts are NOT going to make any major change in parenting time without hearing testimony at a hearing.
  5. #5
    ProSeDadinMD is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    The respondent should respond to each and every point the petitioner made first, and then afterwards add any new points that the respondent wants to make or request.
    This is how it works in MD.

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