Burden of Proof

[mommyto 2]

What is the name of your state?New Jersey
Okay, I asked alot of questions about this before and I just need some clarification. I am going back to court - ex filed motions to change visitation to 50/50 after 6 years of visitation being the same. I have never denied him his time or extra when he requested. That being said, he now wants the change because, according to him I hate him, I keep information from him regarding educational and medical decissions. In my response I provided proof that I have kept him fully informed and he has actually attended most appointments regarding our children. As far as hating him I have never stated this to him or our children. My question, in order to make this kind of visitation change does he not have to provide proof of a significant change of circumstances? The court date has been change again, due to him now wanting more time to respond to my response!!! I have an attorney but I guess I am looking for other oppinions. Thanks!

 

[seniorjudge]

What is the name of your state?New Jersey
Okay, I asked alot of questions about this before and I just need some clarification. I am going back to court - ex filed motions to change visitation to 50/50 after 6 years of visitation being the same. I have never denied him his time or extra when he requested. That being said, he now wants the change because, according to him I hate him, I keep information from him regarding educational and medical decissions. In my response I provided proof that I have kept him fully informed and he has actually attended most appointments regarding our children. As far as hating him I have never stated this to him or our children. My question, in order to make this kind of visitation change does he not have to provide proof of a significant change of circumstances? The court date has been change again, due to him now wanting more time to respond to my response!!! I have an attorney but I guess I am looking for other oppinions. Thanks!

Q: My question, in order to make this kind of visitation change does he not have to provide proof of a significant change of circumstances?

A: Yes.

 

[mommyto 2]

Thanks!!

Thanks for the response - that is what I thought. Does not the proof have to be "solid" , not just him making statements that he can not back up?

 

[NotSoNew]

statements arent proof of anything, and you hating him, regardless of if it is true or not is not a change of circumstance. if you were not informing him of educational and medical things that MIGHT be, but he would have to have evidence that he was not informed numerous times.

 

[mommyto 2]

So 20 plus emails I sent him regarding education and medical appointments and medication, and a list of the appointments he has attended in the past six months would prove I have kept him informed? The 15 something emails showing that I let him have extra time and flexibilty in the schedule should help?