STATE OF NORTH XXXX
COUNTY OF XXX
XXX
Plaintiff
vs.
XXX
Defendant
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
18-CVD-32
MOTION FOR ACCOMMODATION
NOW COMES, Defendant, Julian Daily, pro se, and hereby respectfully submits his
Motion for Accommodation. In this motion, Defendant prays this Court issues an order for the
accommodation of the parties’ minor children, after the testing of the minor children for
Attention Deficit Disorder. In support of the motion, the Defendant states as follows:
RELEVANT FACTUAL BACKGROUND
1. The parties were married on July 17, 2004 and separated on November XXXX
and divorced on March XXX.
2. In the course of their marriage, the parties got two children namely, Layla G.
Dally, born on July 14, XXX; and XXX. Daily, born on May 29, XXX
3. On March XXX a permanent child custody order was entered. A subsequent
custody modification order was entered on April XXXX The said orders were entered in
Pickens County, South Carolina. The parties then challenged the orders in the South Carolina
Supreme Court, which court upheld the orders, with slight modifications.
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4. The said orders gave the Plaintiff sole custody of the children while the Defendant
has certain visitation rights. Regarding legal custody, Plaintiff has sole-decision making
authority over all major decisions affecting the children.
5. On January XXXX the aforesaid orders were registered and confirmed in Orange
County, North XXXX. North XXX since XXX has been the home state for the children.
6. On March XXXX, Plaintiff filed a Motion to Modify Child Custody. In the said
Motion, the Plaintiff alleged inter alia, the Defendant’s abuse and/or violence towards Layla,
that Defendant does not read or respond to the OFW, and that Defendant has refused to
communicate with the Plaintiff.
7. Defendant avers that despite the Plaintiff making several allegations of the minor
children suffering physical and emotional abuse, the minor children have not yet been taken to a
therapist. In the event the Court grants Defendant’s Motion for ADD Testing, Defendant prays
this Court issues an Order accommodating the minor children for ADD.
ARGUMENTS
8. Defendant realleges and incorporates every allegation contained in the preceding
paragraphs of this Motion as though set forth herein.
9. Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on
the basis of disability in the activities of public accommodations.
10. The best interest of the children is the guiding factor in all matters involving
children. See “In re Montgomery, 311 N.C. at 116, 316 S.E.2d at 256.
11. ADD is hereditary. Defendant’s father had it, and it passed on to Defendant.
12. Defendant avers that it is in the best interest of the minor children to have the
ADD test done since it would benefit them to know whether they have ADD. Further, it is in the
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best interest of the minor children to have this Court issue an Order accommodating them for the
ADD pursuant to the American Disability Act.
CONCLUSION
WHEREFORE, Defendant prays this Court issues an Order of Accommodation under
the Americans with Disabilities Act of 1990. Defendant further requests this Court to grant any
other Order it deems just.
Respectfully Submitted,
__________________________
XXX, Pro Se
Defendant
XXX
XXX
Telephone: XXX
XXX
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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was delivered upon the attorney for
Plaintiff in this action:
_____ Via U.S. mail
_____ Via facsimile
_____ Via hand delivery to the following address:
XXXXX
This the ______ day of __________, XXX.
__________________________
XXXX
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