Modify Parenting Time Motion

Summary

If you receive a summons, you generally have 28 days to respond in Ohio. You can file a motion to modify parenting time as a response. Clearly state in the first paragraph that your motion is in response to the summons. Address each concern raised in the opposing partys motion, and provide evidence if possible. If you dont have evidence, you can still state that the accusations are false. Consult a local attorney or Cuyahoga County Family Court for specific advice.

Full Conversation

Kelly why would I use the term respondent
Hi Kelly, "Respondent" is a term often used in legal proceedings to refer to the party who is answering a claim or appeal. Could you share more details about your situation to provide more accurate information? Also, may I know your location?
What if I am just referring to the child’s father in my motion to modify to no visitation
In legal terms, the child's father would be the "Respondent" if you're filing a motion against him. Also, laws vary by location. Could you please tell me where you're located?
Even if he has not responded to anything
Hi Kelly, even if the child's father hasn't responded, he's still the "Respondent". If he doesn't respond within the legal timeframe, you may be able to request a default judgement. Please provide your location for specific legal procedures.
He filed a motion to modify custody/visitation can I just motion the court with my own motion to modify to no visitation and that will suffice
Sure, Kelly. You can file a counter-motion for modification of custody. However, the court will consider the child's best interests while making a decision. Could you please tell me your location to provide more specific legal information?
So I don’t have to file a response to his motion
If you're served with a motion, it's generally advisable to respond, but it depends on your jurisdiction's rules. If you don't respond, the court may grant the motion by default. Please provide your location for specific rules.
I was sent a summons
Hi Kelly, a summons requires a response, often within a specific timeframe. Failure to do so might result in a default judgment. Can you please specify your location to provide more precise legal guidance?
Cuyahoga county Cleveland Ohio
Thank you, Kelly. In Ohio:
- If you're served a summons, you should respond within 28 days.
- You can file a counter-motion for modification of custody.
- The child's father will remain as the "Respondent" in the proceedings.
For specific guidance, consult with a local attorney or your local family court.
So my response to the summons can be the counter-motion for modification?
Yes, you can include your counter-motion for modification in your response to the summons. However, ensure you meet the *-day deadline. For precise advice, consult a local attorney or Cuyahoga County Family Court.
What if I want to answer with my motion to modify
Yes, you can answer the summons with your motion to modify. This can include your request for custody changes. Ensure to adhere to the *-day response deadline. For exact procedures, please consult a local attorney or Cuyahoga County Family Court.
What do I file so that the courts know that my motion to modify parenting time to no visitation is my response to the summons
To ensure that the court recognizes your motion to modify as a response to the summons, you should:
- Clearly state in your filing that it's a response to the summons.
- Include case number & other identifying information.
- File within the *-day response period.
Consult with Cuyahoga County Family Court for exact procedures.
Example
Hi Kelly, you mentioned wanting to file a motion for modification of parenting time as your response to the summons. You would typically need to indicate that your motion is a response to the summons in the document itself. Could you share more about your situation? Answer: I'm not sure how to structure my motion to modify In structuring your motion, you should:
- Clearly state it's a response to the summons
- Include case number & other identifying info
- Articulate your request for modification.
For specific structure and format, consult Cuyahoga County Family Court or a local attorney.
So I can file the motion to modify visitation time as is but just word it somewhere in the motion that it’s also a response to the summons?
Yes, Kelly, you can file your motion to modify visitation as a response to the summons. Just ensure to:
- Clearly state it's a response to the summons
- Include the case number and other relevant details
- Adhere to the *-day response period
For specific procedures, consult Cuyahoga County Family Court or a local attorney.
Example of where and how to state it’s a response
To state your motion as a response:
- Include a section titled "Response to Summons"
- State that this motion is in response to the summons served on a specific date
- Reference the case number
Ensure to consult a local attorney or Cuyahoga County Family Court for precise instructions.
So do I put that in the beginning or end of the motion
The "Response to Summons" should ideally be placed at the beginning of your motion. However, it's best to consult a local attorney or Cuyahoga County Family Court for specific instructions.
So the title of my motion remains the same “motion to modify parenting Time” but just be sure to include this motion is in response to the summons somewhere in the first paragraph?
Yes, Kelly. Your motion's title remains the same. In the first paragraph, include a statement that this motion is in response to the summons. For precise instructions, consult Cuyahoga County Family Court or a local attorney.
Example of how this could look when my motion to modify is due to sexual abuse
If your motion to modify is due to allegations of sexual abuse, you should:
- Clearly state the reasons for modification
- Include any evidence or documentation
- Note that this is a serious allegation and false claims can have legal consequences
It's recommended to consult a local attorney or Cuyahoga County Family Court for precise advice.
How to phrase all above in first paragraph
In your first paragraph, you could write: "This is a Motion to Modify Parenting Time, filed in response to the summons served on (date). This motion seeks to change visitation to no visitation due to allegations of sexual abuse, backed by relevant evidence. This motion is filed within the required *-day response period." Please consult Cuyahoga County Family Court or a local attorney for exact wording.
But what if it isn’t in response but that I was going to file my motion regardless however I want to address the summons all in one filing
If you planned to file a motion regardless, you can still include it with your response to the summons. State in the first paragraph that you're responding to the summons and also filing your planned motion. Consult a local attorney or Cuyahoga County Family Court for precise instructions.
How do I phrase all of the above
In your first paragraph, you could write: "This is a Motion to Modify Parenting Time, which is being filed within the required *-day response period to address the summons served on (date). This motion, which was planned irrespective of the summons, seeks to change visitation to no visitation due to allegations of sexual abuse, backed by relevant evidence." Consult a local attorney or Cuyahoga County Family Court for exact wording.
Do I have to site and respond to each of his concerns in his motion? Or just inputting it in that paragraph is enough?
It's generally advisable to address each concern raised in the opposing party's motion in your response. However:
- State clearly the reasons for your counterclaims
- Provide any relevant evidence
Consult with a local attorney or the Cuyahoga County Family Court for specific advice.
So I have to go line by line?
Yes, ideally, you should address each of his claims line by line. This helps the court understand your counter-arguments and evidence. For precise instructions, consult a local attorney or the Cuyahoga County Family Court.
Can I just wait till the hearing?
While it's possible to wait until the hearing, it's generally not advisable. If you don't respond within the required *-day period in Ohio, you risk the court granting the motion by default. Always consult with a local attorney or Cuyahoga County Family Court for accurate advice.
So I couldn’t just state a summary that my concerns and my findings in my motion addresses my overall response to his motion since the primary issue here is that the child was abused and DSS is involved
You may summarize your concerns in your response, but it's generally best to address each of his claims. This makes sure that all issues are attended to. Remember that DSS involvement and allegations of abuse should be included as evidence. Consult a local attorney or Cuyahoga County Family Court for specific advice.
How do I respond to false accusations
To respond to false accusations, you should:
- Gather all relevant evidence disproving the accusations.
- State clearly in your response that the accusations are false.
- Provide your evidence in response to each false claim.
Please consult a local attorney or Cuyahoga County Family Court for precise advice.
Example
In your response, you could write: "The accusation of (specific accusation) is false. As evidence, I have provided (description of evidence). This evidence clearly disproves the false claim, thereby demonstrating the need for the requested modification to parenting time." Ensure to consult a local attorney or Cuyahoga County Family Court for exact wording.
Can I just keep it simple and state it is false and provide proof later if necessary?
You can briefly state that the accusations are false in your response. However, it's generally advisable to provide evidence disproving the accusations immediately. Waiting to provide evidence might delay your case. Please consult with a local attorney or Cuyahoga County Family Court for specific advice.
How to phrase false if I don’t have evidence
If you don't have evidence to disprove accusations, you can state: "The accusation of (specific accusation) is false. I currently do not have evidence to disprove this claim, but I maintain that it is untrue." However, it's always advisable to gather evidence if possible. Consult Cuyahoga County Family Court or a local attorney for guidance.
Can I just say the accusation is false and leave it there.
You may state that the accusation is false. However, leaving it at that might weaken your case. Courts generally require evidence or counter-arguments. Consult with a local attorney or Cuyahoga County Family Court for specific advice.
Can I say I can provide some evidence to back this claim if necessary
Yes, you can state that you're able to provide evidence if required. However, it's generally best to provide the evidence upfront. Remember, courts value evidence when making decisions. Please consult with a local attorney or Cuyahoga County Family Court for precise advice.
What about the things he is lying about how do I prove it like lease documents etc
To prove false claims, especially about documents like leases, you should:
- Gather the original documents.
- Highlight any discrepancies between his claims and the actual documents.
- Include these in your response.
For detailed guidance, consult a local attorney or Cuyahoga County Family Court.
Can I add in the first paragraph my about it being a response in addition to motion I had planned to file. But then address his summons at the very end on separate addendum of my motion concerns?
Yes, you can structure your document to include an introductory paragraph stating your planned motion and its response to the summons. Then, as an addendum, address each concern in the summons. However, consult with a local attorney or Cuyahoga County Family Court to ensure this format meets legal requirements.
Example of what this looks like
In your motion, you could write: "This is a Motion to Modify Parenting Time, which was planned regardless of the summons served on (date). This document will also address each concern raised in the summons, detailed in the addendum." Then, in your addendum, list each concern from the summons and your response. Consult a local attorney or Cuyahoga County Family Court for precise wording.
How to close the paragraph in the response addendum to include that I do not think any modification should be granted and that in fact based on my serious concerns of sexual abuse and other concerns that his parenting time should be modified to no visitation? Phrase this for me
You could write: "Based on the serious concerns of sexual abuse and other issues detailed in my Motion to Modify Parenting Time, it's my belief that no modifications should be granted favoring the Respondent. Instead, the court should consider modifying his parenting time to no visitation for the child's best interests." Consult a local attorney or Cuyahoga County Family Court for precise wording.
That could be the closing statement on the addendum section?
Yes, that could be the closing statement in the addendum section of your motion. Remember, it's crucial to consult with a local attorney or Cuyahoga County Family Court for precise and professional advice regarding your case.
I received the summons certified mail yesterday, */* however, it was filed */* and date stamped */*
In Ohio, the *-day response period generally starts from the date you received the summons, not the filing or stamp date. So, if you received it on */*, you have until */* to respond. Always consult a local attorney or Cuyahoga County Family Court for exact deadlines.
Why did I just now receive
Delays in receiving a summons can be due to various factors like postal service delays or administrative backlog. However, as the response period begins on the date of receipt, the delay shouldn't affect your timeline. Always consult with a local attorney or Cuyahoga County Family Court for precise advice.
How can I prove I just got it
To prove you just received the summons, keep the envelope it came in which should bear the postmark date. You can also document the unopened envelope with a date-stamped photo. However, consult with a local attorney or Cuyahoga County Family Court for precise advice.
The postmark is */*
If the postmark is */*, but you received the summons on */*, it's important to keep the envelope as evidence of the postmark date. In Ohio, the response period usually starts from your receipt date. Consult a local attorney or Cuyahoga County Family Court for precise advice.
Is the usps certified mail number is what will track the actually date delii
Yes, the USPS certified mail number can be used to track the delivery date. However, proof of receipt date is generally the date you physically received the mail. Always consult a local attorney or Cuyahoga County Family Court for precise advice.