Shared Parenting Plan

[ohiomom]

What is the name of your state?Ohio
My ex bf submitted a shared parenting plan and for joint legal custody around Christmas time. He is the "petitioner". Do I need to file a shared parenting plan (I wrote him a letter telling him I refuse to sign it)? What could happen if I do not submit my own plan? Can he ask the court to order his at hearing date instead of mediation if I don't submit my own? Even if it would go to mediation, would I still need one submitted to the court or simply object to factors in his? He has written language in it that says if the respondent objects to any provision of the plan, that I am to show how his is not in the best interest of the children? I think I also saw something where it could be possible he could order a default judgment since I didn't submit anything or response to it in 30 days.
confused and don't have an attorney (he doesn't either)...

 

[seniorjudge]

What is the name of your state?Ohio
My ex bf submitted a shared parenting plan and for joint legal custody around Christmas time. He is the "petitioner". Do I need to file a shared parenting plan (I wrote him a letter telling him I refuse to sign it)? What could happen if I do not submit my own plan? Can he ask the court to order his at hearing date instead of mediation if I don't submit my own? Even if it would go to mediation, would I still need one submitted to the court or simply object to factors in his? He has written language in it that says if the respondent objects to any provision of the plan, that I am to show how his is not in the best interest of the children? I think I also saw something where it could be possible he could order a default judgment since I didn't submit anything or response to it in 30 days.
confused and don't have an attorney (he doesn't either)...

Q: Do I need to file a shared parenting plan (I wrote him a letter telling him I refuse to sign it)?

A: Yes, so the court will know what you want.


Q :What could happen if I do not submit my own plan?

A: The court will choose his, make its own, or something else.


Q: Can he ask the court to order his at hearing date instead of mediation if I don't submit my own?

A: Yes.


Q: Even if it would go to mediation, would I still need one submitted to the court or simply object to factors in his?

A: Yes, if you want the court to know what you want, you have to put it in writing.

 

[Whyte Noise]

You say you were served "around Christmas". On what actual date?

Darlin', look on those papers you have and see how many days you had to "respond" to this. If it's an actual court filing, it will say how many days you have to send an answer to his petition (usually anywhere between 20-30 days). This is the time frame you have to send back your response with what YOU want.

Today is the 23rd of January. Now you don't count Saturdays and Sundays and legal holidays when you're counting how many days to repond in, in Ohio. But, if you don't respond within the required time frame he can file for a default judgment against you, which means that he'd get everything he asked for in his motion.

My post is in addition to what seniorjudge already stated.

 

[rmet4nzkx]

What is the name of your state?Ohio
My ex bf submitted a shared parenting plan and for joint legal custody around Christmas time. He is the "petitioner". Do I need to file a shared parenting plan (I wrote him a letter telling him I refuse to sign it)? What could happen if I do not submit my own plan? Can he ask the court to order his at hearing date instead of mediation if I don't submit my own? Even if it would go to mediation, would I still need one submitted to the court or simply object to factors in his? He has written language in it that says if the respondent objects to any provision of the plan, that I am to show how his is not in the best interest of the children? I think I also saw something where it could be possible he could order a default judgment since I didn't submit anything or response to it in 30 days.
confused and don't have an attorney (he doesn't either)...

Well if you read "something" about a default in 30 days then you better chedk with the court to see if he filed his default and the clerk signed it off. Being disabled with PAD doesn't keep you from responding to the petition just because you don't like it. Moving home with your parents because you can't care for the children makes it very apparent that even if you would have responded, the judge would still order at least shared custody and you were already told this within the 30 days when you were more interested in getting child suport and denying dad visitation.
https://forum.freeadvice.com/showthread.php?t=301880

 

[betterthanher]

You say you were served "around Christmas". On what actual date?

Darlin', look on those papers you have and see how many days you had to "respond" to this. If it's an actual court filing, it will say how many days you have to send an answer to his petition (usually anywhere between 20-30 days). This is the time frame you have to send back your response with what YOU want.

Today is the 23rd of January. Now you don't count Saturdays and Sundays and legal holidays when you're counting how many days to repond in, in Ohio.

Here in Ohio, I am pretty confident it's calendar days, not business. At least that's how I understood the state statutes. All the OP needs to do is look at the date of service from the court.

IIRC from the OP's other thread, visitation hasn't been legally established yet.

 

[rmet4nzkx]

Here in Ohio, I am pretty confident it's calendar days, not business. At least that's how I understood the state statutes. All the OP needs to do is look at the date of service from the court.

IIRC from the OP's other thread, visitation hasn't been legally established yet.

But she wouldn't provide the facts then or now, we don't know how far away she moved or if it is even in the same state, so jurisdiction may be an issue, but by her own admission she is not competent to care for the children unassisted, that will cause the judge to seriously consider at least shared custody.

 

[Whyte Noise]

Ahh, you're correct. According to the Ohio Rules of Civil Procedure if the last day the answer is due falls on a Saturday, Sunday or Holiday, then it's extended to the next business day that isn't a Saturday, Sunday or Holiday. Also, if it was service by mail, tack on an additional 3 days to that 30.

I misread.

 

[betterthanher]

Ahh, you're correct. According to the Ohio Rules of Civil Procedure if the last day the answer is due falls on a Saturday, Sunday or Holiday, then it's extended to the next business day that isn't a Saturday, Sunday or Holiday. Also, if it was service by mail, tack on an additional 3 days to that 30.

I misread.

It even made me go back and make sure *I* understood it correctly.