Question:
I have filed a motion to change the parenting time/visitation schedule since my ex-wife has not been adhering to the existing order. She responded to the order to show cause with “the courts should deny the requested relief.”
Am I entitled to know what her evidence is for denying this relief? If so, do I ask her attorney for that evidence or is it filed with the court already?
Answer:
Some courts will require that certain evidence and witness lists be exchanged prior to a hearing. If that is the case in your jurisdiction, you will receive her documentation at that time.
Then, if she or her attorney has filed anything with the court, you should have received a copy of that as each party is usually required to serve the other party with documentation filed in the case.
If you believe you may be missing something, you can contact the court for that information. You could also contact her attorney and see if you have received all the documents they have filed in the case.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Janet Yu Johnston is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Johnston is licensed to practice law in the states of Indiana and Kentucky. Ms. Johnston received her Bachelor of Arts in both English and Foreign Lanugage/International Studies from Bellarmine University in Louisville, Kentucky. She later received her Juris Doctor from University of Louisville, Brandeis School of Law.
