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Response to Plantiff's Response

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Turtleswife

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

My ex-husband has filed a motion for modification of visitation. I filed my answer to the motion and have now received his response to my response. Can I know file a response to his response? He is alledging that he has made multiple attempts to mediate his vistation with our now 16 year old daughter, but he hasn't and is asking that the court move forward with a hearing. I would like to show that he hasn't contact me in over 2 years and he has been negotiating with our daughter all visits. Can I do that or do I have to wait to see what the court decides on his response to my response?What is the name of your state (only U.S. law)?
 


mistoffolees

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

My ex-husband has filed a motion for modification of visitation. I filed my answer to the motion and have now received his response to my response. Can I know file a response to his response? He is alledging that he has made multiple attempts to mediate his vistation with our now 16 year old daughter, but he hasn't and is asking that the court move forward with a hearing. I would like to show that he hasn't contact me in over 2 years and he has been negotiating with our daughter all visits. Can I do that or do I have to wait to see what the court decides on his response to my response?What is the name of your state (only U.S. law)?
That would really depend on the particulars - like what he used as change in circumstances justifying modification as well as what was in his response.

In general, you aren't going to be litigating it by dueling responses, though. The filing and your response are generally going to lay out the issues and you will then provide evidence in court.

However, I have a general rule that applies to all situations like this. If you don't understand what you've received or how you should respond or what it means, then you should take all the paperwork to an attorney.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Maryland

My ex-husband has filed a motion for modification of visitation. I filed my answer to the motion and have now received his response to my response. Can I know file a response to his response? He is alledging that he has made multiple attempts to mediate his vistation with our now 16 year old daughter, but he hasn't and is asking that the court move forward with a hearing. I would like to show that he hasn't contact me in over 2 years and he has been negotiating with our daughter all visits. Can I do that or do I have to wait to see what the court decides on his response to my response?What is the name of your state (only U.S. law)?
You will HAVE to go to a hearing eventually. You can't argue this case on responses and responses to responses.
 

ProSeDadinMD

Senior Member
That would really depend on the particulars - like what he used as change in circumstances justifying modification as well as what was in his response.

In general, you aren't going to be litigating it by dueling responses, though. The filing and your response are generally going to lay out the issues and you will then provide evidence in court.

However, I have a general rule that applies to all situations like this. If you don't understand what you've received or how you should respond or what it means, then you should take all the paperwork to an attorney.
Maryland does not require a COC to modify visitation.
You will HAVE to go to a hearing eventually. You can't argue this case on responses and responses to responses.
Responses can obviate the need for a hearing on occasion, depending on the circumstances. At least they did in my case. But it's not something to count on...
 

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