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I filed a motion for change of domicile my hearing date is

may 15. does the...
I filed a motion for change of domicile my hearing date is may 15. does the judge read the motion before the hearing? Do I read it verbatim or do I summarize it? If he, the defendant doesn't respond to the motion do I ask for a default judgement? or will that happen automatically.
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Answered in 10 minutes by:
4/26/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,006
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Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The judge will typically read the motion and the response before the hearing. He does, however, have a lot of cases, so he doesn't always have time to read the whole thing thoroughly. If he has, then he'll usually ask you questions about the arguments that you've raised in the motion. In that case, you may have to explain or expand on the motion, rather than just summarizing it.

Some judges will want you to summarize the arguments. Typically, they do not want the parties to just read the motion. It is often clear from the beginning whether the judge wants you to summarize or whether he just wants you to address certain points, because he'll either say something like, "What is your basis for this motion?" or he'll say, "Your argument is X. Tell me....."

If the defendant does not respond or appear, you can ask the judge to grant your request due to the other party's non-opposition. The judge can still weigh your arguments to decide whether changing the domicile is appropriate.

Also, it's a good idea to bring an extra copy of your motion, just in case. I've been to hearings where the judge didn't have a copy on the bench. It doesn't happen often, but I find that it's often better to be prepared.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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Customer reply replied 4 years ago

the defendant did say he was going to try and prove I am a neglectful parent with no morals by siting an incident 6 years ago when my daughter got out of the house. I did call the police and they found her in 30 min there was no referral to cps or charges of neglect. Also 6 yrs ago he asked my daughter if I was dating and if he was ever in her room. she answered literally yes (he helped me put her organizer together, but he was implying he was up to no good. I have never left my daughter alone with a man. Only close family members have ever even babysat her. How should I handle this if he tries to make an issue of it. Also in 2005 he supported relocating when I took my first husband to crt for change of domicile it was resinded when I lost custody of my older daughters for failing to protect them from this defendant . He is being a hypocrite can this work for me? or does being grant a change of domicile from a previous judge have no influence on this case?

The prior agreement from a different judge doesn't necessarily mean that this judge will grant the request. The judge has to find that the change is in the best interests of the child.

If your ex wants to argue that you're an unfit parent, that's not really appropriate to a domicile hearing. If the domicile change is denied, you'd still be the primary custodial parent, and the child would still live with you. So, you could try to argue that what he's saying is not relevant to the question of whether a move would be in the child's best interests. Still, it's a good idea to be prepared to defend those allegations. You'll also want any evidence you have that the change is in the child's best interests. It sounds like she's old enough to tell the judge whether she wants to stay with you. It doesn't have the same impact coming from someone 7 or 8 as from someone who is 16, but the judge can still talk to her and consider her responses when making a decision.

If you can prove that he's a liar, that will help your case. Proving that he's a hypocrite doesn't really help, if he has a solid legal basis for disputing the change - there's no law that prevents someone from changing his mind.
Lucy, Esq.
Lucy, Esq., Attorney
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