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Affidavit in support of respondent's response to petitioner's affidavit

Started by flgs228, Nov 18, 2013, 02:36:49 PM

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flgs228

Hi

I got a "Respondent's affidavit in support of respondent's response to petitioner's affidavit including cross-motion to modify parenting time" from my ex-husband attorney. In this document my ex explains why parenting time should not be modified to allow me to move to another state. I am wondering if I can also prepare a "Petitioner's (myself) affidavit in support to petitioner's affidavit." So I can respond to the false accusations (I am planning on attaching supporting evidence in the form of email conversations between my ex and myself) my ex made in this document.

Thanks for your support,

F.

ocean

You should of put your info on why you want to move in the initial petition. This was his response to your petition. Now you know where he is coming from and can have proof for the hearing (job employment, housing secured....). You will present your side of the case at trial but first you will have at least one hearing to see if you both can work it out. If you need to move by a certain date, you may need to file something to make sure the courts will make a decision by that date.

flgs228

Quote from: ocean on Nov 18, 2013, 02:58:30 PM
You should of put your info on why you want to move in the initial petition. This was his response to your petition. Now you know where he is coming from and can have proof for the hearing (job employment, housing secured....). You will present your side of the case at trial but first you will have at least one hearing to see if you both can work it out. If you need to move by a certain date, you may need to file something to make sure the courts will make a decision by that date.


Well I put my info in the initial petition, so did he. But now he come back with a lot more information where he explains why it is not in the best interest of our son to move to another state. So I feel that I need to respond to this before going to trial that way the judge can read my response too. He wrote three letters of things, so if I wait until trial I am worried that I won't have enough time to respond to all this accusations in one session. Thanks for your response!

ocean

In the cross motion is he asking for custody if you move? This may be his formal request for custody as he responded to you and is now asking for custody so child stays in home state. He is adding a motion...for what? That will make the judge respond to what he wants too and not just your petition.

Our lawyer never responded to ex laywer/court paperwork. He said, we will deal with this at trial. Did not want to give them our evidence earlier and give them more time to react. Just asked her on the stand with no warning on what we had.