Motion By Ex to Amend Parent Schedule

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Motion By Ex to Amend Parent Schedule

Postby Shackleton » Tue Jul 17, 2012 3:28 pm

Background:

This is the 3rd summer since my divorce. I was married for 11 years and have one 12 year old boy. My case is in Macomb Michigan. The ex is the custodial parent and the Plaintiff for the divorce. During the school year I have Thursday from school to 8pm and alternating weekends from Friday school to Monday school. During summer I have Thursday 8am to 9pm during her alternating weekend and Thursday 8am to Monday 5pm during my alternating weekend. During the summer I have 4 vacation weeks and she has 3. "The single week shall consist of seven (7) consecutive overnights to begin on a Sunday at 8:00 p.m. The custodial parent’s vacation week may not disrupt the non-custodial parent’s alternating weekend." Only 2 vacation weeks can be used consecutively. We follow the standard schedule for holidays.

Current Motion:

We went to the FOC Referee and my ex was able to win several of the things she wanted. I had an attorney and he was terrible. I let my attorney go today and will be Pro Per for my 7-23-12 trial in front of the Judge. I filed a motion last summer Pro Per and did very well but we have a new Judge now. I was able to speak with an attorney who was highly recommended to me by a parent who works for the court system and that attorney told me that the new Judge is very kind to people who are Pro Per. The attorney actually recommended Pro Per over hiring her.

Here is the first and main issue:

My ex wants to use 1 of her 7 day vacation weeks the week following Father's Day as a permanent part of her parent schedule because her mother comes up from Texas during Father's Day weekend for a local car show and my ex wants time for the minor child and the grandmother to visit. I object to this because it will cause me to lose one of my weekends every other year (Thursday 9pm to Monday 5pm). As stated above, the guidelines state "The custodial parent’s vacation week may not disrupt the non-custodial parent’s alternating weekend."

My argument is:

A. The Plaintiff is the custodial parent so our standard schedule already provides amble time for the minor child and grandmother to spend time.

B. In the previous 2 summers the Plaintiff did not use vacation time for her mother's visit. There is no change in circumstance to necessitate the parent schedule be modified.

C. I already give permission to the Plaintiff to take the minor child out of state and postpone my parent time every October so the ex can take the minor child to Texas to visit with her mother.

My request to the Judge is that neither parent be allowed to use the week following Father's Day as a vacation week, or, if the Judge grants the Plaintiffs request, that I be allowed to use 1 of my vacation weeks during the Plaintiff's alternating weekends to makeup the time.

I'll type the other issues later. Thoughts so far? Recommendations or advice? Help is much appreciated.
Shackleton
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Re: Motion By Ex to Amend Parent Schedule

Postby Shackleton » Wed Jul 18, 2012 1:22 pm

Another issue that we will be arguing in front of the court is the return time on Thursday evenings during the school year. The return time in the parent schedule is 8pm, however the ex agreed last year in front of our former Judge that our son could participate in self-defense class that I teach on Thursday evenings from 6:30pm to 8:30pm for my son, another child and another father. The other father and I got together to teach our sons safety skills and to help improve their physical fitness. My ex is overweight and out of shape and since I moved out my son has gained weight and is out of shape too. It has affected my son's health, self-esteem and solicitation, and the ex and I have been advised by the doctors that our son needs to lose weight and lower his cholesterol. The ex has been cooperating with a 9pm drop off time for almost a year now, even on the evenings that she knew we were not holding class. In fact, she has asked me to keep our son as late as 10pm and even to spend the night with me when she is running behind.

Her argument is:

1. Our child has ADHD and has a hard time falling asleep and that "research shows that exercise in the evening interferes with falling asleep.

Pause for laughter...

My argument is:

1. I am exercising with our son on the advice of his doctors.
2. The child has been in the class for almost a year and it has caused him no harm. The minor child has been on the honor roll the entire time. Furthermore, the Plaintiff has enrolled the minor child in physical activities on school nights that end around between 7:30pm and 8pm and I have the minor child enrolled in a self-defense class on Sunday evenings that ends at 8pm and I don't have any problem getting him to bed on time Sunday night or to getting him to school on time Monday morning.

Thoughts? Any advice on the strength of my arguments or the best way to present them to the Judge would be greatly appreciated.
Shackleton
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Re: Motion By Ex to Amend Parent Schedule

Postby Trevor » Wed Jul 18, 2012 1:32 pm

Shackleton wrote:The child has been in the class for almost a year and it has caused him no harm.

What's the documented delta in weight and cholesterol over this 12 month period? [Rhet.]

Causing no harm is all well and good but we enter performance improvement programs to improve, not to maintain status quo. If the kid is still obese and high cholesterol, your argument is weaker, though still substantial in the universal understanding that it is better for kids to exercise than not.
Dual Parenting, not Duel Parenting.
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Re: Motion By Ex to Amend Parent Schedule

Postby Shackleton » Wed Jul 18, 2012 4:18 pm

There have been some tangible accomplishments, like passing a swim test that he failed last year and doing much better in a Boy Scout fitness test. But she started putting him in physical programs too, and my ex is the custodial parent so my exercise schedule with him alternates between once a week to 3 times a week. I'm not sure how much benefit I can prove from my Thursday training session other than to say that exercise is clearly needed, that the doctor's advice it, and that I have been consistently working with him.
Shackleton
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Re: Motion By Ex to Amend Parent Schedule

Postby Shackleton » Tue Jul 24, 2012 10:25 pm

Things went well. No significant problems going Pro Per, other than some procedural clumsiness. I did much better representing myself to the Judge than my former lawyer did in front of the Referee. It was a rough trial, and I took it hard to the ex and her lawyer... both of whom are very tough. The Judge even took a recess, lol, and everyone in the courtroom was wide eyed with disbelief. 64 pages of transcripts from the Referee meeting if that gives you an idea. The Judge does not want to see either one of us again :lol: . I thought the Judge was fair and did a good job.
Shackleton
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