Why my motion was denied...

[GrowUp!]

Casa...what about him filing a Motion to Set Aside the Judge's/Magistrate's ruling?

ProSe...did you file your response(s) in a timely manner, per the state's rules of procedure and/or court rules? I was trying to follow along, but I couldn't tell what was being filed when by whom, etc. You might need to cite rules of procedure, if you did file in a timely matter and cite the dates of filing with the court, etc. Also, if her attorney is playing "games" by delaying, not filing correctly or whatever, do not be afraid to call her attorney out on it in your response. I should probably go back and review your last post.

 

[GrowUp!]

Geesh you are cute when you are crabby. Made me laugh.

LOL What you can't tell the difference between when I am a crab or a ...LOL I can't stand when newbies who come here wanting advice to their problems think they can automatically give "advice" to others.

 

[CJane]

Yeah, I thought about that. However, her lawyer seems pretty confident.

I didn't read the whole thread, but I wanted to address this post before I get busy doing other things ... Bones is on.

It's her attorney's JOB to be confident. My ex's attorney had me 100% convinced that I was losing my case. I didn't even come close. But man, I was scared and ready to settle for anything just so I didn't 'lose'. Hang in there.

I checked out the school districts. I am actually in the district for a different elementary school. However, again, I am within a mile of her current school, daycare, and ...her ... house.

Around here, that would make NO difference wrt custody. Until last weekend, my ex and I lived 35 miles apart and had a 60/40 split. I'm the same distance from the first grader's school as he is now, and we're still in different districts.

It sounds like the lawyer is saying that Little Miss Pro Se's relationship with her little sister is more important than her relationship with me, right? Never mind the fact that they are in the same daycare facility for at least part of ther day, and I know that my daughter usually spends some time in her sisters class.

Yes, that's what her lawyer's saying. Which means - to me - that they're grasping at straws.

Remain respectful. Stop communicating with her attorney. If I were you, I'd let this one go to trial. Is it possible in your state to file a motion to allow you to file a response 'out of time'? Since you just found out that your motion was denied, it might be possible to file a response to HER motion to modify.

 

[CJane]

I'm 99% certain you won't need the teacher. The school records will be plenty. At least, in my case they were. Stupidhead claimed that the kids were 'doing poorly' in school... when we presented their report cards (straight As) he said "They should be A PLUSES and they're not. Besides, Unruly just brought her English grade up. It was a B."

Never occurred to him that testifying that she'd brought a grade UP while living primarily w/me so far away from school while I was 'pregnant and more concerned with my new baby than existing children' worked in MY favor.

 

[ProSeDadinMD]

My filing deadline depends....

...on where I look for the info. One source says 30 days(which I was within), and another says 15(which I was not within). I have the links in my PC at work, and can post them in the morning.

As for my comment that ...her ... lawyer seems awfully confident, I said that partially in jest, as I do know that he is supposed to be that way. I do also agree that they are "grasping at straws", espescially in light of the fact that they seem to be changing tack as to why Wednesdays should be removed. I have stayed within the bounds of civility, and have every intention of remaining so. Her lawyer put the ball back in her court, so to speak, when he "suggested" that I communicate with ...her ... about a "summer schedule". As far as I am concerned, I am taking him at his word, at least for the moment.

 

[ProSeDadinMD]

Ok, it looks like I had 15 days. I filed my response at 27 days, because I was under the mistaken impression that I had 30.

Out of curiousity, since …she … didn’t respond to my initial petition on time(she had until 12/28/06, and didn’t file a response until the day of our scheduling hearing, 1/18/07), why would my motion be dismissed without even considering the Order of Default that I filed?

 

[casa]

Casa...what about him filing a Motion to Set Aside the Judge's/Magistrate's ruling?

ProSe...did you file your response(s) in a timely manner, per the state's rules of procedure and/or court rules? I was trying to follow along, but I couldn't tell what was being filed when by whom, etc. You might need to cite rules of procedure, if you did file in a timely matter and cite the dates of filing with the court, etc. Also, if her attorney is playing "games" by delaying, not filing correctly or whatever, do not be afraid to call her attorney out on it in your response. I should probably go back and review your last post.

There are several things he can do...but at this point, his best bet is stay the current course. His motion was dismissed bc it didn't meet the change of circumstance requirement for custody modification. However, X's filing met the requirement to be heard re; change of circumstance in visitation. (based on her allegation the child's schoolwork was suffering). All Pro Se has to do is show up and have the report cards/records filed....that's it. His X is lying about it having a negative impact on the child's schoolwork, and that can be confirmed by the records. No need to have motions flying all about from both of them, making it a more convoluted mess than it already is. IMO

 

[ProSeDadinMD]

I forgot to mention...at least you ARE going to have the modification issue heard. Meaning you DO NOT have to give up your wednesdays~ and it's up to MOM to prove there is a valid reason the court should REMOVE parenting time. Specifically since you live so close together. She's flipped out at the possibility of 50/50. Either way...the point is, the judge will still be hearing what the issues are & making a determination. Without any valid cause, I wouldn't think he would reduce parenting time.

I’m picking the records up tomorrow. I am already aware, through my communications with Little Miss Pro Se’s teacher, that her progress is pretty much where it should be. Like most kids, she has areas that she could improve on, and I’ve been trying to deal with …her … about these since September, to no avail(remember my initial questions about homework?).
I’ve still not received a response from …her … regarding a schedule change if there is sufficient evidence to warrant it(which I know doesn’t exist, unless she has info that she is purposely withholding from me). I don’t really expect one. I may forward the same email I sent originally back to her, stating, again, that without such evidence, I can’t in good conscience agree to a change that would further limit my already limited time with my daughter.


BTW, who locked this thread before?

 

[fairisfair]

LOL What you can't tell the difference between when I am a crab or a pr*ck??! LOL I can't stand when newbies who come here wanting advice to their problems think they can automatically give "advice" to others.

Oh I can tell the difference, that would be if you were talking to me like that.

 

[tryingtoplease]

Off topic, but is anyone else getting a headache from all the "her " and "she " We get the point! Got it the 1st time, 2nd time, 3rd time, 4th time, 5th time and so on. Sorry, I just don't need a ton of bricks to fall on me to figure it out.

 

[fairisfair]

Off topic, but is anyone else getting a headache from all the "her " and "she " We get the point! Got it the 1st time, 2nd time, 3rd time, 4th time, 5th time and so on. Sorry, I just don't need a ton of bricks to fall on me to figure it out.

then don't read his posts. REALLY who do you people think you are?? I am personally sick of this guy having to try to answer to you, why he posts the way he does. and if you are tryingtoplease, you are doing a damn poor job of it.
how does your head feel now???

 

[tryingtoplease]

then don't read his posts. REALLY who do you people think you are?? I am personally sick of this guy having to try to answer to you, why he posts the way he does. and if you are tryingtoplease, you are doing a damn poor job of it. how does your head feel now???

Sheesh! Who pooped on your cheerios? "You people"? I have never posted on this guys threads so he hasn't been "having to try to answer to" me! As a matter of fact, I've followed his updates because I know someone on the same end in an eerily similar situation & find it informative. I just felt that the were beginning to feel like the deparment of redundancy department. Would you prefer I change my screen name to aintnopleasingfairisfair? Chill!