My ex is trying to modify custody without any substantial changes in circumstance. Would it be smart to file a motion for summary judgement so I can avoid wasting my time and money in court in hopes the judge will throw the case out because of no substantial changes in circumstances?
Generally motions for summary judgment are not used in child custody cases. The judge has a duty to hear the case and make a decision that is in the best interest of the child. The better approach is to wait until the completion of the movant's motion and move to dismiss the motion for failure to prove a change of circumstances.
The author of this opinion is licensed only in the states of NC, SC and TN.
Attrney Kelso gave you a great answer, the goal of the family court is to uncover the truth and make sure the best interest of the child/chidren is being served, a summary judgment could preclude important evidence, perhpas a motion to dismiss is best. take care
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