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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27220
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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yes its me again, my ex filed an ex parte after trial stating

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yes its me again, my ex filed an ex parte after trial stating he wanted our son in a differant school which is out of the district. the judge said she will not here it but and our son is not to go to kindergarden but she would here it in 21 days pretty much an osc. They want to already modify the order so do i need to do a declaration for the exparte (im in pro per) and do an OSC as well (i as welll would like to modify the order)
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma.

You should file a response to his Motion to Modify the Custody Order. If you also want to modify custody, you will want to file a counter Motion to Modify and state in that Motion the things that you want changed. You can do both in the same document---- Response to Petitioner's Motion to Modify Child Custody and Respondent's counter Motion to Modify Child Custody.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27220
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 6 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
What about the ex parte she denied but but it on schedule for september 22, 2011. Do i need to do a declaration myself or do i continue just to have evidence to prove he is wrong and lying? Will she only hear about what school he is going to or will she hear everything that was listed in there as far as modifying times and stuff. remind you when they gave me ex parte notice they didn't even have it on the calendar until that morning and also just told me it was about school not revising the order. Trust me the judge is not happy with us due to the fact of not getting along. He is doing everything to take my son which is sad because we were never married.
Expert:  LawTalk replied 2 years ago.
Good morning,

The ex parte motion continued to 9-22 is now essentially a noticed motion and you should consider filing a response to his motion. Clearly, he must have made some allegations in the ex-parte motion and if you have evidence to the contrary---or better yet, evidence that he is lying, then spell it out in your Responsive pleading and take proof to court.

The judge will presumably hear all issued raised in the motion, and if you want to file a counter motion along with your Response, then you need to get it on file and served, ASAP.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Doug

Customer: replied 2 years ago.

thank you that helps me a lot but here is the thing i just got an overnight pleading that states he intends on seeking attorneys cost, sactions and whatever even though he filed the exparte on me. On top of that the judge said that our child will not be in school until this is resolved. he recently on family wizard said on his weeks he will be putting our son in Montossori kindergarden until our TRIAL IS OVER.

We just went to trial. What do i file now. I know that i have to file my OSC in change to the order but IS what he doing a motion to contempt. He has my son all over the internet which i have a restraining order on. This guy is a narrsicistic and dosen't care about our son at all. All i want is for our son to grow and he is sad and miserable and even moreso since our Trial in Feb where she requested 7 days on and 7 days off. remnd you we were not even married

Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm afraid that I cannot assist you. I will opt out and perhaps another expert can assist.

Please do not respond to this message as it will send this question back to me.

Thanks and good luck.

Doug

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