Motions Court question - Pennsylvania

[dad4457]

Motions Court question

my ex and her lawyer filed a "Motion to maintain status quo" Its basically an amendment / objection to our existing support agreement. Our support agreement says the parent coming into custody is responsible for transportation and the transfer time is 9am on school days. The custody officer probably had no idea how much trouble that would cause.

Last year during the school year, I was dropping them off at her house at 8:30 so the 1st grader could catch the bus. This year, I am dropping the 2nd grader now off at school at 9am and telling my ex to meet at school to get the younger child or I can drop him off at her house. School is 5 min from either houses. She wants the status quo of what I was doing last year but the actual custody agreement says 9am. I enjoy making my daughters lunch, taking her to school, and she loves walking in with her dad.

My question is, can I argue in motions court how ridiculous her filing is and it shouldn't even be considered for a court date in hope that he throws it out?

I'm not to familiar with what information I can relay at motions court.

 

[Proserpina]

Motions Court question

my ex and her lawyer filed a "Motion to maintain status quo" Its basically an amendment / objection to our existing support agreement. Our support agreement says the parent coming into custody is responsible for transportation and the transfer time is 9am on school days. The custody officer probably had no idea how much trouble that would cause.

Last year during the school year, I was dropping them off at her house at 8:30 so the 1st grader could catch the bus. This year, I am dropping the 2nd grader now off at school at 9am and telling my ex to meet at school to get the younger child or I can drop him off at her house. School is 5 min from either houses. She wants the status quo of what I was doing last year but the actual custody agreement says 9am. I enjoy making my daughters lunch, taking her to school, and she loves walking in with her dad.

My question is, can I argue in motions court how ridiculous her filing is and it shouldn't even be considered for a court date in hope that he throws it out?

I'm not to familiar with what information I can relay at motions court.

I'm sorry, why is her motion ridiculous? She's entitled to try and keep the status quo of you both NOT following the original order.

With that said, how long have you been following the original order?

 

[dad4457]

I'm sorry, why is her motion ridiculous? She's entitled to try and keep the status quo of you both NOT following the original order.

With that said, how long have you been following the original order?

Its ridiculous because we are talking about 30 min and it states 9am in the signed legal custody agreement. The current agreement is as of July 10th 2013.

 

[Proserpina]

Its ridiculous because we are talking about 30 min and it states 9am in the signed legal custody agreement. The current agreement is as of July 10th 2013.

You're missing the point. You and Mom deviated from the original order for longer than the period between July 10th and today. I'd say she at least has a decent chance of the current order being changed to reflect the status quo.

(Which is precisely what her attorney is doing)

Do you actually have a valid reason ("it's ridiculous" isn't going to work for you) for arguing against Mom's proposal?

 

[dad4457]

You're missing the point. You and Mom deviated from the original order for longer than the period between July 10th and today. I'd say she at least has a decent chance of the current order being changed to reflect the status quo.

(Which is precisely what her attorney is doing)

Do you actually have a valid reason ("it's ridiculous" isn't going to work for you) for arguing against Mom's proposal?

Yea, I have many reasons why it should stay at 9am

 

[sandyclaus]

Yea, I have many reasons why it should stay at 9am

Other than your personal preference to have it stay at 9am?

"Because it's easier for me and I'd rather have it that way" won't really go over too well in court.

 

[Proserpina]

Yea, I have many reasons why it should stay at 9am

Either you share them here, or you pay an attorney to help you.

Your choice

 

[dad4457]

Other than your personal preference to have it stay at 9am?

"Because it's easier for me and I'd rather have it that way" won't really go over too well in court.

I work from home so I'm 100% flexible

OK, on the flip side... her reason is stated "allow mother to pack lunch, give child her homework, and allow her to ride the bus" - other than the bus, I do the lunch and homework anyway when they are with me.

there is a underlying motive. She wants to move them to the boyfriends and she is trying to file all these minor nitpick thing against me so she as ammo for the relocation hearing. Its totally transparent and thats probably what I should argue to the judge.

 

[TigerD]

I work from home so I'm 100% flexible

OK, on the flip side... her reason is stated "allow mother to pack lunch, give child her homework, and allow her to ride the bus" - other than the bus, I do the lunch and homework anyway when they are with me.

there is a underlying motive. She wants to move them to the boyfriends and she is trying to file all these minor nitpick thing against me so she as ammo for the relocation hearing. Its totally transparent and thats probably what I should argue to the judge.

Lawyer. Emotion is your enemy.

DC

 

[Proserpina]

I work from home so I'm 100% flexible

OK, on the flip side... her reason is stated "allow mother to pack lunch, give child her homework, and allow her to ride the bus" - other than the bus, I do the lunch and homework anyway when they are with me.

there is a underlying motive. She wants to move them to the boyfriends and she is trying to file all these minor nitpick thing against me so she as ammo for the relocation hearing. Its totally transparent and thats probably what I should argue to the judge.

Reality check:

Even IF Mom wants to move to her boyfriend's, that's not what her motion is about, and her attorney will likely rip you to shreds if you even start on that. You will come out far worse if you start slinging mud at Mom - it will leave your hands really dirty, in the eyes of the judge.

Now, tell us again why the children shouldn't enjoy the status quo they lived since last year?

(Remember - this is NOT about you. Or Mom)

 

[stealth2]

Is this a hill to die on? Seriously? Read some of the SERIOUS issues people here deal with. And then pack your kids' lunches, check their homework, and drop them off at Mom's at 8:30 as you've done all along. And grow up.

 

[CJane]

Last year during the school year, I was dropping them off at her house at 8:30 so the 1st grader could catch the bus. This year, I am dropping the 2nd grader now off at school at 9am and telling my ex to meet at school to get the younger child or I can drop him off at her house. School is 5 min from either houses. She wants the status quo of what I was doing last year but the actual custody agreement says 9am. I enjoy making my daughters lunch, taking her to school, and she loves walking in with her dad.

My question is, can I argue in motions court how ridiculous her filing is and it shouldn't even be considered for a court date in hope that he throws it out?

I'm not to familiar with what information I can relay at motions court.

So, you've gone from returning the children (taking care of transportation) off 30 minutes early to NOT handling transportation unless it's ok with Mom that you return the younger child LATE.

THEREIN lies Mom's attorney's argument.

For however long, you tacitly agreed that regardless of the order, YOU should return the children to Mom's house at 8:30am. So, you were doing tranport even though the order didn't require you to, and in fact required HER to. YOU were dropping them off at 8:30 so the younger could catch the bus even though they weren't "due" home til 9.

And you don't have a good argument for WHY you'd change it, except that now, however long down the road, you just don't want to do it.

Fine. Let a judge decide if "I don't wanna" is valid. It could very well be.

 

[AnonUserName]

In my opinion, this is exactly the kind of request that judges loathe.

If disagreements as minor as this continue I could see a judge ordering no overnights during the school week. Most judges aren't particularly fond of parents that can't agree on minor things such as 30 min difference, who makes school lunches, etc.

If I were you, I would kindly offer to have the children at moms home at 8:30. Mom may even be kind enough to allow you to wait on the bus so you can see your child off to school.

On a side note, does it really matter who makes the lunch? Either way your child is sent to school with a lunch which is a lot more than what some kids out there get.