Why my motion was denied...

[ProSeDadinMD]

What is the name of your state? Maryland

I've stated my case, and will not repeat myself here....

This cause comes before the Court upon Plaintiff’s Verified Motion to Dismiss Defendant’s Motion to Modify Visitation, Filed herein January 18,2007, to which no response has been filed by Defendant. Based on Plaintiff’s verified allegations contained in her motion to dismiss, the Court finds good and sufficient cause to sustain the motion based on the Defendant’s failure to allege, in either his Motion to Modify Visitation or his amended Motion filed January 16, 2007, any change of circumstances which would warrant modification of visitation or custody of the parties minor daughter, ****** *********

Wherefore, it is hereby ordered and decreed this 15th day of February, 2007 that Defendant’s Motion to Modify Visitation, as amended, is hereby dismissed and stricken.

Further ordered, that this cause shall continue in accordance with the Scheduling Order issued January 19, 2007 in respect of Plaintiff’s Verified Motion to Modify Custody, Visitation and Child Support only

I filed my answer to both ...her ... "motion to dismiss", and her "motion to modify", on the 16th of Febrruary, 2007. In my head, I want to say that if we are going by "date of reply", I should be granted my "order of default" based on the fact that I filed it on the day before we went for our "scheduling hearing"...

 

[LdiJ]

What is the name of your state? Maryland

I've stated my case, and will not repeat myself here....


I filed my answer to both ...her ... "motion to dismiss", and her "motion to modify", on the 16th of Febrruary, 2007. In my head, I want to say that if we are going by "date of reply", I should be granted my "order of default" based on the fact that I filed it on the day before we went for our "scheduling hearing"...

Ok...that make's no sense at all. It doesn't remotely explain why your petition was dismissed. I know your history and it still makes absolutely no sense to me.

 

[casa]

What is the name of your state? Maryland

I've stated my case, and will not repeat myself here....


I filed my answer to both ...her ... "motion to dismiss", and her "motion to modify", on the 16th of Febrruary, 2007. In my head, I want to say that if we are going by "date of reply", I should be granted my "order of default" based on the fact that I filed it on the day before we went for our "scheduling hearing"...

It sounds like you didn't meet the burden of proof re; change of circumstance....or that you did not reply/respond in a timely manner- and the court's view is you did not respond at all??

BUT, it does say the motion to MODIFY the existing order will continue...

 

[ProSeDadinMD]

BUT, it does say the motion to MODIFY the existing order will continue...

Correct, but it says ...her ... motion to modify, which is the one where she proposes to "remove the Wednesday overnight" because it is having an "adverse effect" on my daughters schooling and homework.

I've now asked her 3 times for some kind of evidence regarding this, and she has continued to sidestep my requests(see my previous thread).

 

[casa]

Correct, but it says ...her ... motion to modify, which is the one where she proposes to "remove the Wednesday overnight" because it is having an "adverse effect" on my daughters schooling and homework.

I've now asked her 3 times for some kind of evidence regarding this, and she has continued to sidestep my requests(see my previous thread).

SKip her and get the records from school...then file them to demonstrate there is NO effect on her homework.

 

[ProSeDadinMD]

SKip her and get the records from school...then file them to demonstrate there is NO effect on her homework.

Ok, I just emailed her teacher requesting a copy of all of my daughters progress reports and report cards(...she ... has a tendency to not send me copies). Is there more that I should request?

 

[ProSeDadinMD]

SKip her and get the records from school...then file them to demonstrate there is NO effect on her homework.

Ok, I just emailed her teacher requesting a copy of all of my daughters progress reports and report cards(...she ... has a tendency to not send me copies). Is there more that I should request?

Also, is it possible to show that the only reason that ...she ... filed her motion was to get me to drop mine, meaning there was no problem with school before that time?

 

[texgirl]

If this has been an issue, why have you waited to contact the school? If you request copies of grades, etc., the school has to send them to you. I am CP but asked the school to send everything I got to my ex, because I was tired of his complaints that I wasn't sending things, when I was.

 

[casa]

Ok, I just emailed her teacher requesting a copy of all of my daughters progress reports and report cards(...she ... has a tendency to not send me copies). Is there more that I should request?

Also, is it possible to show that the only reason that ...she ... filed her motion was to get me to drop mine, meaning there was no problem with school before that time?

Send the teacher or give the teacher a formal letter requesting those records if she doesn't comply. It is your Right to have those, whether CP or NCP. There is a very effective form letter for such at www.deltabravo.net

 

[ProSeDadinMD]

If this has been an issue, why have you waited to contact the school? If you request copies of grades, etc., the school has to send them to you. I am CP but asked the school to send everything I got to my ex, because I was tired of his complaints that I wasn't sending things, when I was.

The only person who has made it an issue is ...her ..., by wanting to use it as a reason to remove quite a bit of my visitation. I've been in email contact with Little Miss Pro Se's teacher, as well as had a conference with her(albeit the conference was before the present difficulties), and have never gotten any indication that my weeknight overnights are causing an issue, even when I asked that question directly.

And casa, she has always been forthcoming with everything I have asked, but I will keep that in mind if she doesn't/can't/won't send them. Thanks...

 

[texgirl]

The only person who has made it an issue is ...her ..., by wanting to use it as a reason to remove quite a bit of my visitation. I've been in email contact with Little Miss Pro Se's teacher, as well as had a conference with her(albeit the conference was before the present difficulties), and have never gotten any indication that my weeknight overnights are causing an issue, even when I asked that question directly.

And casa, she has always been forthcoming with everything I have asked, but I will keep that in mind if she doesn't/can't/won't send them. Thanks...

Little Miss Pro Se's teacher???
So you are both pro se. Bet the judge is really happy about having this case!

So, you didn't care about getting grade reports, etc. until this case came up?

My daughter misses almost a full day of school each month to visit her dad. The judge didn't seem to think it a big deal, nor does her dad.

 

[casa]

Little Miss Pro Se's teacher???
So you are both pro se. Bet the judge is really happy about having this case!

So, you didn't care about getting grade reports, etc. until this case came up?

My daughter misses almost a full day of school each month to visit her dad. The judge didn't seem to think it a big deal, nor does her dad.

No, Mom has an attorney- he's referring to his daughter.

I agree a judge won't take this issue seriously unless the child's grades are terribly impacted (hard to do only one day a week ). It's just the 'reason' Mom is giving in re; removing Dad's wednesday night visit.

 

[ProSeDadinMD]

Little Miss Pro Se's teacher???
So you are both pro se. Bet the judge is really happy about having this case!

So, you didn't care about getting grade reports, etc. until this case came up?

My daughter misses almost a full day of school each month to visit her dad. The judge didn't seem to think it a big deal, nor does her dad.

Actually, no, I am Pro Se, ...she ... has a lwayer. Little Miss Pro Se is my daughter.

As for grades and reports, I have been corresponding with her teacher since the beginning of the school year, so as I stated, I am aware that there is no problem due to the midweek visitation. There is no need for my daughter to miss school to "visit" me, because everybody(...her ..., daycare, school, me) is within a mile of each other.

Maybe you should read my other threads...

 

[casa]

Is there more that I should request?

Yes, request all school calendars/newsletters/report cards, etc. etc. be mailed to you as well. You should know of any/all events with the school...all of which you have the option to attend, whether during your parenting time or not.

 

[casa]

Correct, but it says ...her ... motion to modify, which is the one where she proposes to "remove the Wednesday overnight" because it is having an "adverse effect" on my daughters schooling and homework.

I forgot to mention...at least you ARE going to have the modification issue heard. Meaning you DO NOT have to give up your wednesdays~ and it's up to MOM to prove there is a valid reason the court should REMOVE parenting time. Specifically since you live so close together. She's flipped out at the possibility of 50/50. Either way...the point is, the judge will still be hearing what the issues are & making a determination. Without any valid cause, I wouldn't think he would reduce parenting time.