I was served with papers from ex husband stating he wants modification of visitation.

[amdove28]

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

Question regarding being served with papers from ex stating he wants modification of visitation?
Aiken, SC

My ex-husband served me with papers that he wrote up himself (I guess that means he will represent himself), claiming that he wants modification of existing divorce agreement such that I would have to incur half of the travel expenses for when he wants to see our child. (For the past almost five years, he has rarely came to pick our son up when it was his time, claiming it was "too far to drive." He lives about 3 hours away). I even met him halfway sometimes, for my son's benefit. Also in the paperwork he had served to me, he said some untrue, mean things about my boyfriend and me. Now, my question is: do I need to get an attorney and go to court, or can I compose a letter stating my side and send it in? Can a judge decide without my being there? Will I have to go to court? Thanks for any helpful advice!

 

[Proserpina]

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

Question regarding being served with papers from ex stating he wants modification of visitation?
Aiken, SC

My ex-husband served me with papers that he wrote up himself (I guess that means he will represent himself), claiming that he wants modification of existing divorce agreement such that I would have to incur half of the travel expenses for when he wants to see our child. (For the past almost five years, he has rarely came to pick our son up when it was his time, claiming it was "too far to drive." He lives about 3 hours away). I even met him halfway sometimes, for my son's benefit. Also in the paperwork he had served to me, he said some untrue, mean things about my boyfriend and me. Now, my question is: do I need to get an attorney and go to court, or can I compose a letter stating my side and send it in? Can a judge decide without my being there? Will I have to go to court? Thanks for any helpful advice!

I'd go with an attorney.

If there is a date for the hearing, you really do have to be there otherwise Dad is going to get what he wants.

Now. Did he serve you himself? If he did, it's not proper service.

And who created the distance? (Who moved)

 

[Ohiogal]

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

Question regarding being served with papers from ex stating he wants modification of visitation?
Aiken, SC

My ex-husband served me with papers that he wrote up himself (I guess that means he will represent himself), claiming that he wants modification of existing divorce agreement such that I would have to incur half of the travel expenses for when he wants to see our child. (For the past almost five years, he has rarely came to pick our son up when it was his time, claiming it was "too far to drive." He lives about 3 hours away). I even met him halfway sometimes, for my son's benefit. Also in the paperwork he had served to me, he said some untrue, mean things about my boyfriend and me. Now, my question is: do I need to get an attorney and go to court, or can I compose a letter stating my side and send it in? Can a judge decide without my being there? Will I have to go to court? Thanks for any helpful advice!

A) Have you read the local rules, rules of procedure, and the statutes for modification of visitation? Have you researched the caselaw? if any of those answers are "no", then you need an attorney.
B) You cannot compose a letter as that will have no legal bearing. YOu would have to compose an ANSWER to the legal filing properly.
C) A judge could make a decision without your presence but most likely you would lose and dad would get everything he is requesting because you would have ignored the court.
D) Most bright people would go to court if it concerned their child and they thought that was important. What you do is up to you.