This is mike ream from conrad mt and i recieved a summons for a parenting plan from Great Falls Mt and I need to respond to the summons asap but dont understand what to do exactly, and dont want jail or fine. I recieved the summons on 4/24/12 from conrad sherrifs department the summons came from Montana Eighth judicial court, cascade county. And it also said in the summons that im from cascade county, i am from pondera county. So can you respound back to them for me because i guess i cant without a lawer.The summons came from Patrick F flaherty his number is XXXXX councel for petitioner
Country relating to Question: United States
State (if USA): Montana
Tried going thru DFS since i just finished 6 months of treatment and counceling and called clerk of court they told me to come to this web sight
Thanks for using JustAnswer.com It will be my pleasure to assist you.Did you lose custody of your child(ren) through DFS/Family Court?What does the Petitioner asking for? (Look at the bottom of the Summon/Complaint and there should be a Request for Relief)Are you currently involved in a divorce?Thanks
No i did not lose custody of my child and not going thru divorce. Its a declaration for proposed parenting plan
Is this for a newborn?Does the mother of the child have physical custody of the child?In the Summons and Complaint, what is the parenting time that she is asking for?Do you agree with the plan?Thanks
not a newborn she is 9. The mother has been keeping her from me for two years. Sadie Featherstone the mother is trying to make me do supervised visites once a week and i have never harmed my daughter in any way. they are trying to make me go thru treatment that ive already gone thru. And i do not agree with the plan. Ive only seen my daughter once on easter in those two years.
Relist: Other.the lawyer is now offline, need help now
Thanks for the information.You MUST file a WRITTEN Answer to the Petition for Parenting Plan.You must use the same format (eg. Plaintiff v Defendant, court, judge, case no) in the same way.You must answer each of the allegations that are contained in the Petition for Parenting Plan. 1. You can "admit" the allegations contained in a paragraph; 2. You can "deny" the allegations contained in a paragraph, and if you do, you must state WHY you deny the allegations and provide any proof that you have that the allegations are false; (for example, show proof of completion of counseling, proof of sobriety, what you are doing to maintain sobriety, etc.) 3. You can neither admit or deny the allegations contained in a paragraph because you don't have enough information upon which to form a belief as to the truth of the allegations, and therefore leave Petitioner to her proofs.At the end of the Answer, you should write, WHEREFORE, Defendant (Respondent) requests this Court 1. that Plaintiff (Petitioner's) Petition is denied;2. that Defendant (Respondent's) Parenting Time Schedule as attached hereto is adopted by this Court or in the alternative, that the matter be scheduled for mediation;4. that Defendant (Respondent) be awarded any other relief that is just and equitable.Sign and date your Answer. File the Original with the Court and send a copy to the Petitioner's attorney. You must also file a Proof of Service (available at the court) that indicates how you served the Petitioner's attorney. Regular mail is fine.You should propose your own parenting plan. The court assumes that children should have frequent and continuing contact with both parents. It is not necessary for a child to spend exactly equal amounts of time with each parent. However, when the child resides with one parent most of the time, the court expects that the other parent will be allowed reasonable contact with the child.Below is a link to a page that indicates what should be included in a parenting plan. Remember, the court's OVERRIDING FACTOR IN DETERMING A PARENTING PLAN IS WHAT IS IN THE BEST INTERESTS OF THE CHILD.http://www.custodyxchange.com/montana/parenting-plan.phpYou may wish to ask that you be awarded parenting time:1. Every other weekend from Friday at 6:00 p.m. until Sunday at 6:00 p.m. (or whatever is good for you)2. Every other holiday3. Every father's day4. Alternate the child's birthday5. Alternate Halloween6. 2 weeks of uninterrupted vacation time in summer (or whatever time is appropriate)7. 1/2 of each school break when child is old enough to attend schoolAND ANY OTHER TIME THAT YOU FEEL IS FREEYou have a little time before the hearing. It is STRONGLY suggested that you speak to an attorney who specializes in family law. You can discuss the specific facts of your case, evaluate your options, and decide how to proceed.Below please find two resources to use in finding an attorney.1. State Bar of Montana Lawyer Referral Service-(NNN) NNN-NNNNbr/> The State Bar of Montana offers a free lawyer referral service which can help connect you with a private attorney to discuss your dissolution. They will attempt to select an attorney near you. The attorney will consult with you for up to ½ hour for not more than $30. If you decide to hire the attorney to represent you, the additional fees and costs will be arranged between you and the attorney. You may reach the Lawyer Referral service Monday-Friday between 9:00 a.m. and 4:00 p.m.2. Montana Legal Services Association-(NNN) NNN-NNNNbr/>The Montana Legal Services Association provides free legal assistance to low-incomepersons. If you are eligible for services, Montana Legal Services may be able to giveyou advice on filing your Answer.It has been a pleasure to interact with you today. I hope you find this information useful and that you CLICK THE SMILEY FACE so that I can get credit for answering the question. Thank you.
20+ yrs in criminal, landlord/tenant, family, & small claims
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