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what happens at the first motion hearing before a magistrate

Customer Question
concerning a parent who...
what happens at the first motion hearing before a magistrate concerning a parent who is looking to change/end the shared parenting agreement and wants it changed to sole custody, have child support started now, be able to claim both children on their taxes, have their attorney fees and court costs paid and this parent has an attorney- I do not. the kids are 14 and 15 but in 3 months they will be 15 and 16
Submitted: 6 years ago.Category: Family Law
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Answered in 4 minutes by:
5/2/2011
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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Thank you for your question.

A first motion hearing is the time when both parties state the positions and then request formal documentation from one another. For example if the other parent is seeking child support, that parent, via attorney can place a motion requiring that you, within 30 to 60 days, provide 2 years of your tax returns and other streams of income so as to be able to calculate a possible child support obligation. There are many such motions that can be made by either party--for example you can request that the other party provide proof of income and that the party is really uable to cover own legal expenses.

Good luck.
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Customer reply replied 6 years ago
since the kids are teenagers can I ask the magistrate to interview them. can I have others testify to keeping the shared parenting agreement the same and not changed
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

Yes, you can ask that the magistrate interview the children. Be aware that the attorney will object to it. Also be aware that while the wishes of the children are persuasive and binding, they are not mandatory--therefore even if the magistrate allows for the children to speak. he does not have to take their opinions as binding.

Good luck.
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