Motion to add party? Ohiogal please help if you can! :)

[kik1999]

She MUST serve both of you. You could however jointly reply if your interests are completely aligned.

Yes, we already agreed that we will be replying as one. We are 100% a united front when it comes to our daughter. I thank God for our relationship everyday. I'm certain that's the reason for our daughter's pure happiness.

So, 3 dates have already been scheduled. I will take your advice and read up, etc. I will come back when/if served.

Again, appreciate your help. Invaluable insight and information you have all given me.

 

[Rushia]

Yes, we already agreed that we will be replying as one. We are 100% a united front when it comes to our daughter. I thank God for our relationship everyday. I'm certain that's the reason for our daughter's pure happiness.

So, 3 dates have already been scheduled. I will take your advice and read up, etc. I will come back when/if served.

Again, appreciate your help. Invaluable insight and information you have all given me.

Be prepared that you might not be able to do it together. I don't know about OH (and maybe OG can answer this), but here in NY we couldn't find an attorney to work for both my ex and I. We were required to have our own attorneys.

 

[BL]

Be prepared that you might not be able to do it together. I don't know about OH (and maybe OG can answer this), but here in NY we couldn't find an attorney to work for both my ex and I. We were required to have our own attorneys.

And again ,and I think it was indicated in Ohio , Grandparent's visitations have to be separate/separated.

In NY ,Girlfriend's X and grandmother on same petition and the court stated they had to be separated.

 

[kik1999]

And again ,and I think it was indicated in Ohio , Grandparent's visitations have to be separate/separated.

In NY ,Girlfriend's X and grandmother on same petition and the court stated they had to be separated.

Ok, I see. So let me ask this...the hearing for temporary orders...is that a normal thing to schedule? And the deposition? Is that normal to be scheduled too? I just find it strange that there are three different dates within a week of each other already scheduled. The first hearing has 3 separate parties listed - (on three separate lines). Me, my ex and CSEA. The second like I said is for temp orders. The third is the deposition.

My ex is definitely not going to be able to attend these - he can barely get up to OH from NC to visit his daughter.

 

[BL]

Ok, I see. So let me ask this...the hearing for temporary orders...is that a normal thing to schedule? And the deposition? Is that normal to be scheduled too? I just find it strange that there are three different dates within a week of each other already scheduled. The first hearing has 3 separate parties listed - (on three separate lines). Me, my ex and CSEA. The second like I said is for temp orders. The third is the deposition.

My ex is definitely not going to be able to attend these - he can barely get up to OH from NC to visit his daughter.

I can't tell you the rules of the Court in Ohio, but I know at the very first hearing I'd ask that the petition be dismissed and seperated and no further hearings until or unless it is.

It's probably a tactic to throw everything at you at once and hope you fumble.

If you can have an Attorney at the very first hearing.

 

[Ohiogal]

Be prepared that you might not be able to do it together. I don't know about OH (and maybe OG can answer this), but here in NY we couldn't find an attorney to work for both my ex and I. We were required to have our own attorneys.

The tricky part is finding an attorney to represent both people because even a married couple can have differences and different issues in a court case. But an attorney COULD represent them both up until their interests differed. Then that attorney would have to withdraw. They are not REQUIRED in Ohio to have different counsel but they are able to and the preference in some courts may be for them to have different/separate counsel.

 

[Ohiogal]

Ok, I see. So let me ask this...the hearing for temporary orders...is that a normal thing to schedule? And the deposition? Is that normal to be scheduled too? I just find it strange that there are three different dates within a week of each other already scheduled. The first hearing has 3 separate parties listed - (on three separate lines). Me, my ex and CSEA. The second like I said is for temp orders. The third is the deposition.

My ex is definitely not going to be able to attend these - he can barely get up to OH from NC to visit his daughter.

Temporary orders hearings are normal in all sorts of cases. Grandma can be a party to the case but the issue is modification of parenting plan and not motion for visitation. Depending on what she is asking, she doesn't qualify to "modify the parenting plan" as she is not a parent.But maybe that is the caption and all she is doing is requesting visitation -- which she can do.

 

[kik1999]

Temporary orders hearings are normal in all sorts of cases. Grandma can be a party to the case but the issue is modification of parenting plan and not motion for visitation. Depending on what she is asking, she doesn't qualify to "modify the parenting plan" as she is not a parent.But maybe that is the caption and all she is doing is requesting visitation -- which she can do.

Could it be a possibility that she is trying to gain custody instead of visitation? I guess I should just wait for the papers. In the meantime, I'm reading and researching like crazy. Thank you for pointing me in the direction of things I should focus on...appreciate it.

 

[Ohiogal]

Could it be a possibility that she is trying to gain custody instead of visitation? I guess I should just wait for the papers. In the meantime, I'm reading and researching like crazy. Thank you for pointing me in the direction of things I should focus on...appreciate it.

Wait for the papers. No use speculating. Custody is going to be IMPOSSIBLE for her to get.

 

[kik1999]

Finally got served yesterday

I was just served yesterday afternoon. My ex still hasn't been served. She has his incorrect address in North Carolina. Again, my first hearing is on 9/19/12, which is less than 2 weeks away. I'm pretty confused as to what she is actually requesting because on one Memo it states she is requesting visitation/companionship rights and on a completely different Memo she is requesting custody (and on one Memo it states she is filing for Custody AND Companionship). The part I am having a hard time with is that she is LYING. On her petition she states that she was our daughter's PRIMARY caregiver from the time she was born until January 2004. Obviously I have proof stating the opposite, although we did live with her for a short time after my divorce because when my ex and I separated. She did pay for my daughter's daycare for a year, but it was like paying a bill...she didn't take care of her by all means. She was married to my dad at that time, so I'm positive my dad would testify that she is lying too. She never claimed her on her taxes or anything. There are so many ways I can prove she wasn't her caregiver.

The other issues has mentioned are ridiculous. She says I have had multiple evictions and am unstable. I have had ONE eviction, and it was discharged with my bankruptcy in Jan. 2008. She also mentions an arrest I had in 2004 for drugs. I was arrested in 2004 because of a roomate, basically it was the wrong place at the wrong time kind of deal (she was in the passenger seat of my car), but that was immediately dismissed against me...there was no trial or anything. And besides, my ex husband was aware of it at the time. That's it. Because of the eviction thing and the arrest she is stating she is requesting custody? Also, she admits in her petition that she has not had any regular or significant visitation with her since January 2004, and hasn't seen our daughter since 2009.

This is what is included: Notice of two hearings (one on 9/19 and 9/24). Notice for HER to take MY deposition on 9/27, and attached to that is a request for me to bring financial information, lease agreements, copy of my pay stubs, health insurance, copies of prescriptions and list of medications, character statements that I plan to use as evidence and copy of registration to my motor vehicles and watercrafts. The next is a request for me to produce documents so she can inspect them - again asking for all of my bank accounts, loan applications (approved and denied), tax returns, living expenses, credit card statements and a list of witnesses, lease agreements and prescriptions. Then are the list of interrogatories (OhioGal, there is not a way for me to submit those electronically like you mentioned). The next is a motion for a GAL, then a motion for Temp Orders.
Motion to Modify Parental Rights ~ this is where she says that the environment is in my daughter's best interest (because of the "multiple evictions and the arrest in 2004 that was dismissed). Last Motion is for her to be Joined as a Defendant (with my Ex).

All of these are directed at me, nothing for my Ex. What should I do next? Sorry for all of the info, I just wanted to ensure I was thorough.

 

[CSO286]

I was just served yesterday afternoon. My ex still hasn't been served. She has his incorrect address in North Carolina. Again, my first hearing is on 9/19/12, which is less than 2 weeks away. I'm pretty confused as to what she is actually requesting because on one Memo it states she is requesting visitation/companionship rights and on a completely different Memo she is requesting custody (and on one Memo it states she is filing for Custody AND Companionship). The part I am having a hard time with is that she is LYING. On her petition she states that she was our daughter's PRIMARY caregiver from the time she was born until January 2004. Obviously I have proof stating the opposite, although we did live with her for a short time after my divorce because when my ex and I separated. She did pay for my daughter's daycare for a year, but it was like paying a bill...she didn't take care of her by all means. She was married to my dad at that time, so I'm positive my dad would testify that she is lying too. She never claimed her on her taxes or anything. There are so many ways I can prove she wasn't her caregiver.

The other issues has mentioned are ridiculous. She says I have had multiple evictions and am unstable. I have had ONE eviction, and it was discharged with my bankruptcy in Jan. 2008. She also mentions an arrest I had in 2004 for drugs. I was arrested in 2004 because of a roomate, basically it was the wrong place at the wrong time kind of deal (she was in the passenger seat of my car), but that was immediately dismissed against me...there was no trial or anything. And besides, my ex husband was aware of it at the time. That's it. Because of the eviction thing and the arrest she is stating she is requesting custody? Also, she admits in her petition that she has not had any regular or significant visitation with her since January 2004, and hasn't seen our daughter since 2009.

This is what is included: Notice of two hearings (one on 9/19 and 9/24). Notice for HER to take MY deposition on 9/27, and attached to that is a request for me to bring financial information, lease agreements, copy of my pay stubs, health insurance, copies of prescriptions and list of medications, character statements that I plan to use as evidence and copy of registration to my motor vehicles and watercrafts. The next is a request for me to produce documents so she can inspect them - again asking for all of my bank accounts, loan applications (approved and denied), tax returns, living expenses, credit card statements and a list of witnesses, lease agreements and prescriptions. Then are the list of interrogatories (OhioGal, there is not a way for me to submit those electronically like you mentioned). The next is a motion for a GAL, then a motion for Temp Orders.
Motion to Modify Parental Rights ~ this is where she says that the environment is in my daughter's best interest (because of the "multiple evictions and the arrest in 2004 that was dismissed). Last Motion is for her to be Joined as a Defendant (with my Ex).

All of these are directed at me, nothing for my Ex. What should I do next? Sorry for all of the info, I just wanted to ensure I was thorough.

Get thee to an attorney.

Now.

 

[Ohiogal]

Get thee to an attorney.

Now.

I can point out everything wrong with what OP received and ways to battle it HOWEVER I cannot dispute that the above is completely 100% what she NEEDS to do first. Plain and simple, OP, get an attorney. There are many things that can be done but you cannot be self taught all of them in less than two weeks.

 

[LdiJ]

I can point out everything wrong with what OP received and ways to battle it HOWEVER I cannot dispute that the above is completely 100% what she NEEDS to do first. Plain and simple, OP, get an attorney. There are many things that can be done but you cannot be self taught all of them in less than two weeks.

I am going to say ditto as well.

If your mother is willing to go to the lengths that she apparently is willing to go, then you NEED an attorney right from the get go. Make sure the attorney knows that the child's father has NOT been served.

 

[kik1999]

Will do. I have an appointment on Monday evening at 5:30. Now y'all have me nervous. She is trying to drain me financially so I will give in. Not. Gonna. Happen.

 

[LdiJ]

Will do. I have an appointment on Monday evening at 5:30. Now y'all have me nervous. She is trying to drain me financially so I will give in. Not. Gonna. Happen.

Stand your ground!