Need clarification about something...

[coolmomof4]

What is the name of your state? GA- NC has juristiction...

I've been told by our attorney that if we are to go for a modification to the visitation order, we can list our points that we want a hearing for, but that it "opens it up" to the other side to also petition for any additional changes they want to the order.

However, in the custody/visitation agreement, there are a few items that were left to be determined by the court at a later date. Our attorney said that to have those points heard by the court, it would not be a modification.

My question is, if we only petition to have the court decide on those "undetermined" points, will the entire order be opened up for a modification by the other side, or do they have to file for a modification separately?

 

[raddadthomas]

Show Cause

Good Morning CoolMom,

My guess:

I believe this would be considered a Show Cause Motion

You would outline your points and the other side would have to address what you specify.

The opposing side could file a response to your motion outlining their points.

Then each of you would have to present your case.

Just my guess, Good Luck

 

[coolmomof4]

Okay, I think I understand that, but I guess I'm not clear on what "points" they can outline in their response? I'm guessing it can be anything in the order, not just reduced to the "undetermined items".

Do you think that's the case?

 

[coolmomof4]

Oops, sorry...

Good morning to you too, Raddad. Haven't "seen" you in a while! Hope you're doing well.

 

[raddadthomas]

YES

Just got out of the shower Slow morning it's my day off.

Yes, they can can target specifics in the order or undetermined items, IF they respond with a Show Cause Motion. The motion will be acompanied by an affidavit outlining their reasons.

Just my guess

Oh, 10 days left until my Grand Finali!

 

[coolmomof4]

That's right, I knew that 's coming up soon! You're ready? Sound like it. Can't wait to hear what happens...


As to your response...

They would still need a change of circumstances, right? Can they come in and say "We want more visitation" With absolutely no change whatsoever? Well, I mean from the obvious "My attorney made me sign it, it's not fair" crap. lol, like she'd say that in front of her attorney. Wait, I wouldn't put that past her either.

 

[craftymom]

"opens it up"

Coolmom, my husband has just recently filed for modification of custody. Jurisdiction in his case is NC. When he contacted/hired his attorney, she advised him also that his filing "opens it up" for the other side. My understanding of this is that hubby's ex could then answer his motion, and the points in it, as well as address/bring up her own points that she would like to have heard. Also, that she could file her own seperate motion(s) to be heard and included in the hearing date assigned, such as if she wants an increase in child support, or to redefine the terms of claiming the dependents on taxes that they originally have.
I'm not positive if this is completely, 100% accurate, but that was my understanding. I hope I didn't "muddy" things further!