Petition for Mod

[mudbunnies]

Hello Soc... long time no write to..

Florida case, paternity, final judgment entered, Father filed petition for modification of custody or in the alternative mod of visitation, support and other relief...

The only response to the petition has been a motion to dismiss or in the alternative judgment on the pleadings, stating that petition does not state a legal basis for a change in custody....

Father filed affidavit in opposition to motion to dismiss listing reasons that custody warranted a change, and at a minimum the hundred or so reasons that visitation, support and other stuff needed to be modified to accomodate for both parents change in income, location, etc and changes in childs life such as public schooling and inappropriate visitation schedule, and a statement that in a motion to dismiss, the claims laid out in the petition are treated as true and so forth...

Additionally Father had several contempt motions against the Mother, judge asked him to consolidate them, he did, response was once again a motion to dismiss saying that his consolidated motion was to vague and did not list specific dates....

Questions....

Hearing is in one week... no i did not purposely wait to ask, we just recently gotten our computer back and i could not login at the library to post anything....it was a cookie thingie...



1.  What is the best defense to a Motion to Dismiss or in the alt. Motion for Judgment on the Pleadings (we absolutely want evidence heard and no snap decisions regarding about 50 requested changes to the final judgment)

2.  The Motion to dismiss fails to attack the "in the alternative petition for mod of visitation, support and other relief", does that mean that even if no grounds for chg. custody is shown that all the other should still stand?

3.  On the consolidate motion for contempt, does it HAVE to state every specific date if everything is previously spelled out in the individual motions and the judge just wanted to narrow it down to one?

4.  Should Father filed "Amended Consolidated Motion for Contempt" and list every single detail, which make this motion about 8 pages long?

thanks!

[socrateaser]

>1.  What is the best defense to a Motion to Dismiss or in the
>alt. Motion for Judgment on the Pleadings (we absolutely want
>evidence heard and no snap decisions regarding about 50
>requested changes to the final judgment)

If you have met the legal burden stating allegations that, if proven true, would  lead a reasonable trier of facts to conclude that a substantial change of circumstances affecting the child's best interests has occured, then that is what you should say as a response to the motion, and you should further state that the court should allow you to present your evidence to the court.

>2.  The Motion to dismiss fails to attack the "in the
>alternative petition for mod of visitation, support and other
>relief", does that mean that even if no grounds for chg.
>custody is shown that all the other should still stand?

Not necessarily. Don't get to tied up in formalities. Judges will do as they please and then challenge you to appeal their unlawful decisions.

>3.  On the consolidate motion for contempt, does it HAVE to
>state every specific date if everything is previously spelled
>out in the individual motions and the judge just wanted to
>narrow it down to one?

The court wants to see everything that you're alleging in one document, so do it.

>4.  Should Father filed "Amended Consolidated Motion for
>Contempt" and list every single detail, which make this motion
>about 8 pages long?

Yes, and you can refer to the fact that the judge has asked for only one motion, i.e., "Per the court's prior request that Petitioner consolidate his prior motions for contempt, Petitioner, YOURNAME, hereby appears and moves that the court order Respondent, HERNAME, to appear and show cause as to why she should not be held in contempt on the following charges:

Count One.

1.
2.
3.

Count Two.

Etc.

[mudbunnies]

Hello Soc... long time no write to..

Florida case, paternity, final judgment entered, Father filed petition for modification of custody or in the alternative mod of visitation, support and other relief...

The only response to the petition has been a motion to dismiss or in the alternative judgment on the pleadings, stating that petition does not state a legal basis for a change in custody....

Father filed affidavit in opposition to motion to dismiss listing reasons that custody warranted a change, and at a minimum the hundred or so reasons that visitation, support and other stuff needed to be modified to accomodate for both parents change in income, location, etc and changes in childs life such as public schooling and inappropriate visitation schedule, and a statement that in a motion to dismiss, the claims laid out in the petition are treated as true and so forth...

Additionally Father had several contempt motions against the Mother, judge asked him to consolidate them, he did, response was once again a motion to dismiss saying that his consolidated motion was to vague and did not list specific dates....

Questions....

Hearing is in one week... no i did not purposely wait to ask, we just recently gotten our computer back and i could not login at the library to post anything....it was a cookie thingie...



1.  What is the best defense to a Motion to Dismiss or in the alt. Motion for Judgment on the Pleadings (we absolutely want evidence heard and no snap decisions regarding about 50 requested changes to the final judgment)

2.  The Motion to dismiss fails to attack the "in the alternative petition for mod of visitation, support and other relief", does that mean that even if no grounds for chg. custody is shown that all the other should still stand?

3.  On the consolidate motion for contempt, does it HAVE to state every specific date if everything is previously spelled out in the individual motions and the judge just wanted to narrow it down to one?

4.  Should Father filed "Amended Consolidated Motion for Contempt" and list every single detail, which make this motion about 8 pages long?

thanks!

[socrateaser]

>1.  What is the best defense to a Motion to Dismiss or in the
>alt. Motion for Judgment on the Pleadings (we absolutely want
>evidence heard and no snap decisions regarding about 50
>requested changes to the final judgment)

If you have met the legal burden stating allegations that, if proven true, would  lead a reasonable trier of facts to conclude that a substantial change of circumstances affecting the child's best interests has occured, then that is what you should say as a response to the motion, and you should further state that the court should allow you to present your evidence to the court.

>2.  The Motion to dismiss fails to attack the "in the
>alternative petition for mod of visitation, support and other
>relief", does that mean that even if no grounds for chg.
>custody is shown that all the other should still stand?

Not necessarily. Don't get to tied up in formalities. Judges will do as they please and then challenge you to appeal their unlawful decisions.

>3.  On the consolidate motion for contempt, does it HAVE to
>state every specific date if everything is previously spelled
>out in the individual motions and the judge just wanted to
>narrow it down to one?

The court wants to see everything that you're alleging in one document, so do it.

>4.  Should Father filed "Amended Consolidated Motion for
>Contempt" and list every single detail, which make this motion
>about 8 pages long?

Yes, and you can refer to the fact that the judge has asked for only one motion, i.e., "Per the court's prior request that Petitioner consolidate his prior motions for contempt, Petitioner, YOURNAME, hereby appears and moves that the court order Respondent, HERNAME, to appear and show cause as to why she should not be held in contempt on the following charges:

Count One.

1.
2.
3.

Count Two.

Etc.