Since they're still dealing with the Modifications and contempts that were filed against each other, would it be better for Dad to send Mom the notification and all that, or do that and also file an Amended Motion to Modify with the courts? Nothing has been done court-wise except for the filings of those and Dad's lawyer sent Mom the Interrogatories and Discoveries.
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Wanting to change things
- Thread starter AkersTile
- Start date
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Since they're still dealing with the Modifications and contempts that were filed against each other, would it be better for Dad to send Mom the notification and all that, or do that and also file an Amended Motion to Modify with the courts? Nothing has been done court-wise except for the filings of those and Dad's lawyer sent Mom the Interrogatories and Discoveries.
Yes, of course! Dad must notify Mom 60 days prior to the move (by certified mail) and Mom has 30 days to file an objection.
CJane
Senior Member
I forgot that they're stuck in a forever-loop of litigation.
Regardless of what's pending in court, Dad is required to send Mom notification via certified letter. So even if he chooses to file an amended motion to modify, he still has to notify Mom properly.
Are there court dates scheduled?
Regardless of what's pending in court, Dad is required to send Mom notification via certified letter. So even if he chooses to file an amended motion to modify, he still has to notify Mom properly.
Are there court dates scheduled?
Nope no court dates. The modification that Mom filed is differrent from what she wants now anyway. Mod says Mom wants 13yo to go back and live with her. Now she wants 11yo to live with her and 13yo isn't allowed at her house.
He would definitely notify Mom properly whether he files an Amended Motion anyway or not. I just wasn't sure if he would have to file the Amended Motion with the current court stuff going on, or just notify Mom.
CJane
Senior Member
Well, he should confer with his attorney, but I'd file an amended motion stating that circumtances have changed since the original motion was filed. Include that Mom no longer allows the 13 y.o. in her home, Dad's job is transferring him, etc. And request a hearing in a shortened time frame so that the relocation can take place soon.
I would also go ahead and begin home-schooling the children/enroll them in the online program.
OK. I will let him know all that and have him speak with his lawyer about it. I'll also work on drawing up the amended motion. Thanks!
Update!
Basically, nothing is changing at all. After throwing some ideas around with Dad, Mom, and kiddos, kiddos want to stay in their school, so I am staying at home with them. I raise the kids, Dad works out of state, and Mom sees them EOW and pays no child support. I would love to meet a judge that would actually order something this ridiculous.
Here's how its gonna look:
During the week: Kiddos with me Sun 6pm-Fri 6pm
EOW: Kiddos with Mom Fri 6pm-Sun 6pm
Other weekends Dad will either come home or if its a long weekend, kiddos and I will drive out to Dad.
Rumor is that Dad will be getting sent back to Texarkana soon (5 1/2 hr drive) instead of staying in Pittsburgh, PA (14 hr drive) so that makes me beyond ecstatic. He will also be working 4 10s in Texarkana as opposed to 5 8s in PA so more time at home. In Texarkana, he'll be home EVERY Thurs - Sun
Oldest SD still hasn't spent any time at Mom's since Feb, but did see Mom last weekend when we picked up other munchkins. That went better than previous times. The only negative thing Mom said to kiddo was that kiddo "has put on some weight". She's 13 and going through puberty, that tends to happen
Kiddo was very polite and respectful to Mom so that was awesome.
Nothing has happened as far as court goes and *personally* *I'm* sick of the flipping expense for court so it's ok. Don't really see anything happening with court for a while either since Mom lost her job. Works for me, I can think of lots of other places I'd rather spend money
Basically, nothing is changing at all. After throwing some ideas around with Dad, Mom, and kiddos, kiddos want to stay in their school, so I am staying at home with them. I raise the kids, Dad works out of state, and Mom sees them EOW and pays no child support. I would love to meet a judge that would actually order something this ridiculous.
Here's how its gonna look:
During the week: Kiddos with me Sun 6pm-Fri 6pm
EOW: Kiddos with Mom Fri 6pm-Sun 6pm
Other weekends Dad will either come home or if its a long weekend, kiddos and I will drive out to Dad.
Rumor is that Dad will be getting sent back to Texarkana soon (5 1/2 hr drive) instead of staying in Pittsburgh, PA (14 hr drive) so that makes me beyond ecstatic. He will also be working 4 10s in Texarkana as opposed to 5 8s in PA so more time at home. In Texarkana, he'll be home EVERY Thurs - Sun
Oldest SD still hasn't spent any time at Mom's since Feb, but did see Mom last weekend when we picked up other munchkins. That went better than previous times. The only negative thing Mom said to kiddo was that kiddo "has put on some weight". She's 13 and going through puberty, that tends to happen
Kiddo was very polite and respectful to Mom so that was awesome.Nothing has happened as far as court goes and *personally* *I'm* sick of the flipping expense for court so it's ok. Don't really see anything happening with court for a while either since Mom lost her job. Works for me, I can think of lots of other places I'd rather spend money