Family Law Question

[ScottieBaseball]

With the understanding that any responses to this is not legal advice, I'm looking for some very broad advice regarding how to respond to a petition to modify visitation.

A. I'm confident I can draft a response to the clerk of the circuit court, but should I mail it to her? Should it be hand-delivered? Certified mail? Should the petitioner be copied and how?

B. What to do when the 13-year-old involved doesn't want to visit with the petitioner?

Any input would be welcomed and appreciated. Thanks y'all!!!

[Stotle]

With the understanding that any responses to this is not legal advice, I'm looking for some very broad advice regarding how to respond to a petition to modify visitation.

A. I'm confident I can draft a response to the clerk of the circuit court, but should I mail it to her? Should it be hand-delivered? Certified mail? Should the petitioner be copied and how?

B. What to do when the 13-year-old involved doesn't want to visit with the petitioner?

Any input would be welcomed and appreciated. Thanks y'all!!!

I only know the basics of NY family law, Scottie. Maybe one of the Maryland attorneys can chime in. Sorry.

[JDubs]

With the understanding that any responses to this is not legal advice, I'm looking for some very broad advice regarding how to respond to a petition to modify visitation.

A. I'm confident I can draft a response to the clerk of the circuit court, but should I mail it to her? Should it be hand-delivered? Certified mail? Should the petitioner be copied and how?

B. What to do when the 13-year-old involved doesn't want to visit with the petitioner?

Any input would be welcomed and appreciated. Thanks y'all!!!

At a glance, emphsize material changes in circumstances which makes a modification in the best interests of the child. The child's wishes will be taken into consideration at 13, but it is not fatal.

As for delivery, certified mail with return service should be sufficient. Hand delivery will also suffice.

Good luck

*not legal advice

[NickPopagiorgio]

EVERYTHING you send to the Court MUST be served on the opposing party/counsel. If she is represented by counsel, you must send it to her attorney. Regular mail is fine, unless you believe that some issue will arise with the other party denying they received your filing. Even then, they likely won't be prejudiced. I send opposing counsel responsive motions about 10 times per week, always by regular mail.

Is the basis for the modification that your 13 year old doesnt want to visit with their mother? This is a difficult situation in that the Court Order allows for visitation and you don't want to be held in contempt for standing in the way of visitation. At 13, the Court may take into account what the child wants, but doesn't always. Feel free to PM me for more info, I don't mind speaking in generalities. I've assisted in about 50 modifications.

FYI, not yet an attorney, none of this is legal advice.