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  1. #1
    Join Date
    Apr 2019
    Posts
    1

    Question Motion to Resrict Visitation Filed in Response to a Custody Petition

    My question involves a child custody case from the State of: Minnesota

    Will the Court entertain my ex-husband's retaliatory and frivolous change of custody and restriction of my parenting time?

    Details:

    My ex-husband unilaterally moved my children 75 miles away to a very poor performing school district with absolutely no agreement from me. I have been fighting in court over the last year to get them back to their hometown and the far superior school district. My ex-husband is throwing a proverbial "Hail Mary" as a counter motion to my very focused motion of school choice. He is attempting to take balanced parenting time (week on and week off) along with Joint physical and legal custody away from me on the grounds of my daughter "not being integrated" into my home because she is acting like a typical teenager who wants her way ( being sexually promiscuous with multiple males on her father's parenting time), and the extended drive on the highway between homes. We are less than 1.5 years into the post divorce environment, and I have exercised balanced parenting time 80% of the time.My ex husband had originally written in M-F parenting time for himself and I trusted he would allow balanced parenting time to happen. But he rescinded that when he moved and I fought hard to win it back and did. I have been the primary caretaker for my children's entire lives and I am not unfit in any way

  2. #2
    Join Date
    Oct 2014
    Posts
    7,091

    Default Re: Will Court Entertain to Retaliatory and Frivolous Restriction of Parenting Time

    Quote Quoting trizahler
    View Post
    My question involves a child custody case from the State of: Minnesota

    Will the Court entertain my ex-husband's retaliatory and frivolous change of custody and restriction of my parenting time?
    The court will certainly have to look at the motion and make a decision on it. Whether the court would agree with your view that the motion is "frivolous" is, of course, something I cannot guess at since I've not seen the motion he filed and the reply you have or will file, nor do I know any of the evidence that each side has. All I know of the background is what you provided, and my guess is that his version of it will not match yours. You want to treat the motion as a serious one and oppose it with a strong reply. Don't just assume the court will see his motion like you do and fail to make a strong case for opposing what he seeks. If the court schedules a hearing on it, again be well prepared for the hearing to make your best case to oppose what he's asking for. The judge doesn't know everything that went on between the two of you; the judge only knows what the two of you present to the judge.

  3. #3
    Join Date
    Jan 2015
    Posts
    1,126

    Default Re: Will Court Entertain to Retaliatory and Frivolous Restriction of Parenting Time

    Since you guys have been fighting it out in court ever since the move occurred, and this is what you describe as a "Hail Mary" demand for change in custody, you do not need to point out to the judge that it is frivolous. If the judge perceives it as being so, that's to your advantage, but as has been pointed out, you must take it very very seriously yourself. Something that leaps out at me is this business of your daughter being sexually promiscuous with multiple males and the way you express it as "on her father's time" as if it wasn't an issue when she was with you I'd suspect this behavior is going to come into question since she is definitely underage. And I'd be careful about being so sure it is only happening when she's with her father, or that you'd be able to put a stop to it if custody arrangements changed, etc. Be careful that you don't sound a little too casual about this happening, and that you have plans to deal with it in place if and when you are given more custody/control of her behavior. Otherwise, the "not being fully integrated into your household" accusation might have more weight with the court.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,068

    Default Re: Will Court Entertain to Retaliatory and Frivolous Restriction of Parenting Time

    Quote Quoting trizahler
    View Post
    Will the Court entertain my ex-husband's retaliatory and frivolous change of custody and restriction of my parenting time?
    What exactly does this question mean? What does "entertain [his] . . .change of custody" mean? Court's "entertain" motions and petitions. They don't "entertain" "changes."

    You wrote that your ex made a "counter motion." Are you asking if the court will simply take you at your word that his "counter motion" is frivolous and not even bother reading it? If so, the answer is no. The court's job is to consider any motion (or "counter motion") that is properly made and render a decision on the merits.

    If you're not represented by counsel, I suggest you at least consult with an attorney about this.

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