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Kay8323
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Reged: 07/08/04
Posts: 2
Opinions wanted
      #649 - 07/08/04 08:24 PM

I am going to post an address to a website where I have posted a draft of a motion to modify child custody, visitation, and support. If anyone has a few minutes to review and give feedback, I would greatly appreciate it.

I am NCSM to 18SD, 16SS, and 14SD. 18 yo is J, 16 yo is W, and 14 yo is E, who wants to move here.

Thanks so much!
It won't let me link for some reason, but here is the address, you can cut and paste, sorry.
www.geocities.com/jennrobt/MOD.html

Edited by Kay8323 (07/08/04 08:26 PM)


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jeemer
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Reged: 07/02/04
Posts: 34
Loc: wyoming
Re: Opinions wanted [Re: Kay8323]
      #655 - 07/09/04 10:49 AM

What is wrong with that it sounds fair???

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sueotey
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Reged: 06/16/04
Posts: 23
Sounds Fair [Re: Kay8323]
      #661 - 07/09/04 12:56 PM

and well thought out. i think it would be fine...

i do find it odd though, that you can put an affidavit with the stipulation --

you can normally put a motion with an order -- but, rarely, will you find an affidavit with a stipulation -- but if this is okay with your courts -- sounds great.

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Kay8323
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Reged: 07/08/04
Posts: 2
Re: Opinions wanted [Re: Kay8323]
      #668 - 07/10/04 11:22 AM

Well, I got the "affidavit and stipulation" from their previous order to remove the children from the state. After reading it, do you think it should be reworded to petition, motion, affidavit, stipulation, some combination?? I was not sure what to call it. But, if it is a document both parties agree on and it just needs to be filed and signed by a judge, isn't it an affidavit and/or stipulation? Very confused.

Thanks. I sent it to BM last night and will hope to hear something from her in the next 3 or 4 days. Keep your fingers crossed.


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Gecko
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Reged: 06/01/04
Posts: 19807
Loc: Third rock from the sun
Re: Opinions wanted [Re: Kay8323]
      #671 - 07/10/04 02:56 PM

But, if it is a document both parties agree on and it just needs to be filed and signed by a judge, isn't it an affidavit and/or stipulation?

---> If both parties are in agreement, you actually file two documents. The first is called a "Stipulation and Order to Modify XXXXX", the second is called "Order to Modify XXXXX".

The first document should basically say:

Petition and Respondent agree as follows:

1. AGREE AND UNDERSTAND: I have read this Stipulation and the Order to Change Prior Child Custody, Parenting Time and Support order. I understand and agree with what is written in the Stipulations and Order, which is attached. Child Custody, Parenting Time and Child Support shall be ordered in accordance with the attached Order, which has been approved and signed by both parties.

2. PRIOR ORDER. This Order to Change Prior Child Custody, Parenting Time and Support order will replace the court order dated XXXXX and issued by Judge XXXXX.

3. CUSTODY, PARENTING TIME AND CHILD SUPPORT: Everything stated by me in this Stipulation is true and correct to the best of my knowledge, information and belief.

The Order should basically state what the parties have agreed to.

The Stipulation needs to be signed and notarized by both parties, the Order is signed by the Judge. You will also need to include two self-addressed stamped envelops so that the signed order can be mailed to each party.

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Edited by Gecko (07/10/04 02:58 PM)


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