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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I filed motion to modify custody cause of relocation upon

Customer Question

I filed motion to modify custody cause of relocation upon agreement of both parties. He then filed motion belief and information I am drinking ! I signed an addendum with those words but seems not legal if no proof. Do we go to court on modification first ? Or if we come agreement do we still go to court?
Submitted: 8 months ago.
Category: Family Law
Expert:  Brandon M. replied 8 months ago.

Good evening, my name is Brandon. In which state did this occur?

Customer: replied 8 months ago.
Expert:  Brandon M. replied 8 months ago.

Thank you. Two motions were filed -- has the same hearing date been set for both motions?

Customer: replied 8 months ago.
The wording is vague and gives him right accuse with infOrmation and belief?
Expert:  Brandon M. replied 8 months ago.

Well, anyone can accuse anyone else of anything. If one party believes that the other is unfit as a parent, they can present their allegations to the court. However, allegations without proof don't amount to anything. I should also add that it's not necessarily a problem for a parent to drink alcohol in the presence of their child -- the question is normally not whether the parent was drinking, but whether the parent's ability to care for her child was compromised from the drinking.

Expert:  Brandon M. replied 8 months ago.

Does that make sense?

Customer: replied 8 months ago.
No one hearing date for modifications... then he as defendant filed but got no court date?seems like scare tact My lawyer got it. She's away . He hasn't done anything about it yet?
Expert:  Brandon M. replied 8 months ago.

Ok, so it seems that we're missing some of the details, so I can't say how the court will treat this specific case, but what I can tell you is that when you have these sorts of conflicting motions, the court usually prefers to consolidate the motions so that everything can be settled at one hearing. If the parties reach agreement before the hearing, there's no reason that they have to appear for the court to resolve their dispute.

Customer: replied 8 months ago.
I am recovering alcoholic that's why put in there 7 yrs ago. Now he's not getting his way to relocate an hour which is against agreement and it's his retaliation. Kids are very well cared for. Nothing he has no proof. Why does a court document say if he suspects be legal?
Customer: replied 8 months ago.
Can my lawyer ask for that adenment taken out by who? Judge who signed it 7 yrs ago Poorly written.
Expert:  Brandon M. replied 8 months ago.

"Why does a court document say if he suspects be legal?" I do apologize, but I'm not understanding the question. Could you please rephrase?

Customer: replied 8 months ago.
It says if he suspects me drinking we go to therapist discuss .. we did. I denied it he got mean nasty. Then says go to mediation court. There is a paragraph I put in stating if I feel he's not emotionally stable I can take kids!! He's not stable. Transporting my kids between 3 homes hour apart, keeps changing homes. He's bipolar
Expert:  Brandon M. replied 8 months ago.

Ok, I think that I understand the situation better. But I'm still not understanding the question (sorry).

Customer: replied 8 months ago.
Would court discuss both these on same date? I filed got a date. Then came his. No date he just filed.?We are trying to come to an agreement but if we don't court twice or at same date.?
Expert:  Brandon M. replied 8 months ago.

I'm unclear on why he didn't get a date for his motion! Frankly, if there's no date, the court can't make a decision on a motion. Either you weren't properly served notice, the court made a mistake, or we are missing another piece of information. You're sure that what he filed was a motion, right?

Customer: replied 8 months ago.
That's what I thought. He sent it to my lawyer. She said he hasn't done anything with it . What's that mean? He just making me upset. Think it is bully moveIf you file don't you get a date.,last question thx
Expert:  Brandon M. replied 8 months ago.

"He hasn't done anything with it" usually means that it hasn't been filed--the motion is drafted, but not submitted to the court. It's entirely possible that he did it just to upset you.

Expert:  Brandon M. replied 8 months ago.

Sorry for the delay! I hope that you received my response.

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