Withdraw? Amend? Motion for Leave? Supplemental Petition

[troutette]

What is the name of your state (only U.S. law)? fl
I filed a supplemental petition a few weeks ago looking to change parent plan to secure full-time employment. I have been unemployed for 6 months and asked my ex to keep child an extra 20 minutes two days a week so I could accept a full-time position. He refused, so I couldn't take the position. Original judgment was made 4 years ago when I was working 830 - 500pm and pick up time was 510. I'm finding that a lot of the jobs I have been applying for are 9-530 and would still like to get scheduled change to a schedule that is conducive to that time frame should a positin come up. I have also asked me other visitation changes.

I have since found a contract, TEMP, PART-TIME project that will probably last for 3-4 months. In the petition it states that I have been unemployed for 6 months. I also filed a motion asking for temp child support and temp schedule change.

How do I go about notifying the court of this change for both my petition and temporary motion? Do I need to amend my petition or withdraw and refile? What about the temp motion? Withdraw that?

What's are the chances of the judge still awarding me the extra time on the parent plan? Should I just drop the whole thing?

 

[CJane]

I really think it's HIGHLY unlikely that a judge is going to order additional parenting time to Dad over Dad's objections. Just not going to happen.

You'll most likely be expected to procure child care for the child on "your" time.

I also don't think you need to file anything else. Simply testify in court that you've secured a temporary position.

 

[Gracie3787]

What is the name of your state (only U.S. law)? fl
I filed a supplemental petition a few weeks ago looking to change parent plan to secure full-time employment. I have been unemployed for 6 months and asked my ex to keep child an extra 20 minutes two days a week so I could accept a full-time position. He refused, so I couldn't take the position. Original judgment was made 4 years ago when I was working 830 - 500pm and pick up time was 510. I'm finding that a lot of the jobs I have been applying for are 9-530 and would still like to get scheduled change to a schedule that is conducive to that time frame should a positin come up. I have also asked me other visitation changes.

I have since found a contract, TEMP, PART-TIME project that will probably last for 3-4 months. In the petition it states that I have been unemployed for 6 months. I also filed a motion asking for temp child support and temp schedule change.

How do I go about notifying the court of this change for both my petition and temporary motion? Do I need to amend my petition or withdraw and refile? What about the temp motion? Withdraw that?

What's are the chances of the judge still awarding me the extra time on the parent plan? Should I just drop the whole thing?

Your question was answered on Dec 26th:
https://forum.freeadvice.com/child-custody-visitation-37/how-amend-petition-modification-parent-plan-498128.html

 

[Gracie3787]

I really think it's HIGHLY unlikely that a judge is going to order additional parenting time to Dad over Dad's objections. Just not going to happen.

You'll most likely be expected to procure child care for the child on "your" time.

Read OP's history. OP has been advised MANY times in several threads that the court will not and cannot order Dad to take extra time.
Personally, I'm done with OP, we tried, she just doesn't get it, so let the Judge verify what we've all said.

 

[troutette]

I am trying find out what to file next, that's all. I apologize to those that are "over" me. My circumstances have changed. Just want to know what to do next legally. It sucks going ProSe and am not always thinking clearly.

 

[CJane]

I am trying find out what to file next, that's all. I apologize to those that are "over" me. My circumstances have changed. Just want to know what to do next legally. It sucks going ProSe and am not always thinking clearly.

I know you've been advised previously MANY times that this is not going to work in your favor. And EVEN IF the judge DOES sign off on an order giving Dad more time, no one can FORCE Dad to use it, so what then? You still don't have child care for 20 minutes. YOU NEED to make other arrangements.

End of story.

You don't need to amend your motion at this point. You still don't have stable employment.

 

[troutette]

THank you for your advise and your understanding.

 

[troutette]

Now a countersuit

At the risk of everyone saying "I told you so", I would like to know what I do next. My ex has now filed a countersuit asking for even more time than I was offering. He now wants 50%. I don't understand how a man who continuosly has refused extra visitation time (which I have proof of) can now turn around and ask for 50%? Is this a tactic to have child support reduced? Will the judge see that as his MO?

 

[Ronin]

Your pro se Suit for Modification was intended to force more time with your child on the father, but only to the extent that it would accomodate your work schedule.

As advised here by others, there are far better alternatives to resolve the child care issues you have than filing suit for modification.

Well, you opened the door for Dad to counter-sue for more visitation than you were already trying to have the court force upon him, and he did. You established a change in circumstances to enable his countersuit.

Dad will likely argue that raising the child alone is more than you can handle, as evidenced by your suit. And that furthermore, it is in the childs best interest to have a 50% custody arrangement. Under the circumstances, his moving for 50% custody will probably not look bad, or construed as an attempt to dodge child support. To the contrary, he may be seen as a parent with the best interests of his child at heart.

I would like to know what I do next.

Since you are handling this without an attorney, all you can really do is wait until the next move. However, you can and should file an Answer to the counter-suit.

Dad gave you an opportunity to dismiss the suit, and you refused. The ball is now in the other attorneys court, and he apparently intends to start handling this case on Dad's terms, rather than yours. The next move will likely be a hearing in the near future.

 

[troutette]

My proposed schedule was not just to revise the 20 extra minutes. It proposed ample holiday (every other holiday), every other weekend, 1/2 summer vacation and 1/2 school breaks. Currently we are going by the state guidelines for holidays and vacations. He is ordered to only have her for 4-hour blocks on all holidays. My child is asking for more time with her father and I would like to see that happen. He has forfeited visitation countless time and never takes up offer for additional visitation time, additional holiday time or school breaks.

 

[troutette]

Dad gave you an opportunity to dismiss the suit, and you refused.

I'm not sure where he gave me an opportunity to dismiss the suit? I asked for mediation before this went to court and he refused.

 

[CJane]

My proposed schedule was not just to revise the 20 extra minutes. It proposed ample holiday (every other holiday), every other weekend, 1/2 summer vacation and 1/2 school breaks. Currently we are going by the state guidelines for holidays and vacations. He is ordered to only have her for 4-hour blocks on all holidays. My child is asking for more time with her father and I would like to see that happen. He has forfeited visitation countless time and never takes up offer for additional visitation time, additional holiday time or school breaks.

Look, modifying custody is a big ol can of worms. And the things about cans of worms is, you never know how many are going to come out when you grab one, and they're always packed in sh*t, which is BOUND to get on you.

This counter-suit by Dad is the worms you now get to deal with.

He'll have to show it's in kiddo's best interests. YOU have already given him quite a bit of ammunition to do-so by showing that you cannot handle the CURRENT order, while still managing to support yourself and the child. 50/50 will free you up to find more stable employment, and lessen what it costs to provide for the child.

 

[troutette]

he owns his own restaurant and works nights. Will that have any bearing on the court's decision?

I'm not sure what you mean by not being able to take care of her alone? I could afford to put her in child care for those extra few minutes, but I don't believe it is in her best interests to go to from school, aftercare, dad for two hours and then another care facility? Dad will not budge as far as dropping her off at another place. His answer is always "final judgment, meet at the gas station at 510".

 

[CJane]

he owns his own restaurant and works nights. Will that have any bearing on the court's decision?

Maybe.

I'm not sure what you mean by not being able to take care of her alone? I could afford to put her in child care for those extra few minutes, but I don't believe it is in her best interests to go to from school, aftercare, dad for two hours and then another care facility? Dad will not budge as far as dropping her off at another place. His answer is always "final judgment, meet at the gas station at 510".

The PERCEPTION (and in court, perception = reality) is that you were either unable or unwilling to procure child care to accommodate YOUR schedule. You didn't file to change the drop off location to the child care place. You filed to attempt to force more time upon Dad.

There's a "be careful what you wish for" thing going on here.

 

[gr8rn]

I don't understand what the problem is. You wanted Dad to take more time..and he is agreeing to take the child for 50% of the time.

I think it sounds like you both now want the same thing. (?)