i have joint custody of my son 2.5 yrs old. Mother is doing the impossible to claim him in his taxes every yr. First the judge said i claim my son on odd yrs, even yrs for her. then judge changed judgement: I file every yr n give her half. Now she filed again. Can she forced me to do my taxes before April 15. judgement did not specify dates. I also want to know what can I do to have her disclose information about doc appoint? She takes my son I never tell me anything.I have to call many times to the doctor to find out what happen. can I respond in writing to this motion. we have talked about these issues at least 5 times! I do not want to take off again. This is like a Rokie movie never ends!! pls Help!!
You have to respond by 15 days before the motion hearing date and do so in writing. Otherwise you risk not being heard at the time of the motion hearing.
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Unfortunately, you are not alone. You do not have to file by April 15 if a court has not ordered you to do so. As for dr appts, you will have tp file a motion. You have many years left of this. Choose your battles but do not let her get away with anything that is important. Be a great dad, they grow quickly and this too shall pass. I am at 187 Speedwell Ave if you need anything else.
First, she cannot force you to file your taxes at a certain time absent a court order.
Next, assuming you have joint legal custody, she must keep you informed of issues related to healthcare for your son.
You can respond to her motion with a reply or cross motion seeking additional relief from the court. You should address the issues she raised in her motion and then bring up any new matter of additional concern to you. Inform the judge that the tax issue has been the subject of other motions and should not be modified without a change in circumstances. Tell the court that you are being excluded from decisions of joint legal custody and ask for enforcement of your custody rights.
I understand your frustration that she has filed repetitive motions. Unfortunately, she may be within her rights in doing so, even if it is not productive for everyone else including you and the courts. In my experience in such situations, a party who is not successful eventually loses interest in filing motions on the same subject. You should be steadfast in your opposition.
Consult with an attorney about your situation.
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"Can you" respond? Yes - in fact, you MUST respond in writing before the court date. There should have been a "notice to litigants" with the motion you received explaining this.
And, no, nothing is preventing you from filing your taxes before the return date - if there's no order saying not to do it, you're free to.
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