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Filing A Pro Se Motion/Affidavit In Support Of Motion

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  • 01-31-2008, 04:29 PM
    cls0113
    Filing A Pro Se Motion/Affidavit In Support Of Motion
    Hello all,

    I am looking for an example or form to use to create and file a pro se motion for modification of parenting time. I am also open to ideas on how to create an affidavit in support of motion. I am military and am stationed in the DC area. My daughter is in Ohio with her mom. We currently have a standard order for parenting time (every other weekend and rotating holidays etc...)which is not feasible for our situation. Her mom currently tells me when I can and cannot see our daughter and is making it harder and harder for me to see her and bring her home to VA. I was recently informed by a Magistrate in Montgmery County that I need to file a pro se package in order to request the modifications. I want to make sure I do it thoroughly and correctly. Any help or advice is welcome. Thanks a lot.
  • 01-31-2008, 05:17 PM
    kandi6
    Re: Filing A Pro Se Motion/Affidavit In Support Of Motion
    Usually the Family Court or Domestic Court or whatever they call it it in your county has a package of forms for this purpose. Probably some type of request for a modification of orders. Write to that court or call and tell them to send you the pro se package of forms for a motion to request a modification of your parental rights. Give them the case number, which they might refer to if they have any concerns. Sometimes the forms are about 10 cents each - you might insert a check for $2.50 to cover forms and postage. If a Declaration is necessary after you've filled in all the blanks on whatever forms they give you, caption it like the forms, with the case No., etc., entitle it "Declaration in support of motion to request modification of ____". If it's an attachment to one of the forms, format won't be that important. If it's really wrong, they'll return them to you.

    Your military Legal Services Office can also help you draft up and format the Affidavit or Declaration. It starts out, "I, ___, declare: Then in numbered paragraphs, you state who you are in relation to the case in general (respondent, or whoever), the father of the children who are the subject of the current motion); the current circumstances of visitation; why you want them changed; then "I declare under penalty of perjury inder the laws of the State of ___, that the foregoing is true and correct." and sign and date it. If you can, go to that Court yourself - DC to Montgomery County? - and pick up the forms and you could have a chance to ask questions of the clerk as to format. They'll tell you they can't give legal advice, but just tell them you want to see a sample document so you know the format.
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