I consulted a lawyer and she found that in our divorce contract all the requests my ex is seeking he already had agreed to at the time of our divorce. She recommended to just file a motion to dismiss because he failed to provide any material changes of circumstances. I used the local court house free lawyer and did just that (who did not agree with her but filed the papers for me).
So I got his opposition, which basically states "The defendant did not anticipate unreasonable restriction on his access with the children to staying in hotel rooms when he visits" Even though I did offer him to stay at my house with our girls and I would go to a friends.
What are your thoughts? Is this good enough for the courts to change even though he had previously agreed?
No attorney can predict what a judge will decide. The best you can do is consult with an attorney and file the recommended papers and then make the appropriate arguments at court. Then the judge decides.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
Hire an attorney. Any advice you get over the internet is not going to address your matter specifically.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
Courts decide these matters based on what is best for the children. For this reason it is very rare that a court will dismiss a custody (or modification) complaint since theJudges usually want to hear the facts from both sides.
Once your in court the only thing you can expect to happen is that the Judge or Master will make any changes that will benefit the child. If the current situation is not working you should expect a change.
A lawyer can help you work out a child-centered solution now without going to court or help you present your position at court to defend or prevail
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