I have reopened my divorce and served the father. He has answered with a motion to dismiss stating that I did not state how visitation will benefit the child and that there has not been a substantial change in circumstance. I currently have no time sharing or parental responsibility. I have not seen my son in almost 4 years and I am wondering if I can file a form 12.947 to get visitation for the time being waiting for the motion to dismiss hearing? Also, how likely is it that the motion to dismiss will be granted?
The best advice I can give you is to retain an attorney. The pleadings from your prior case will need to be reviewed and more facts are needed in order to properly advise you. There is no way to know if the motion will be granted or not without looking at it.
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It is impossible for the lawyers here to guess these things in the abstract. That is why Yu should have counsel
The form you cite is not for change of custody or visitation. You should really see a good family lawyer for some help in this regard.
Your area should be family law, not litigation.
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Your in dire need of an attorney, especially so that you are going up against an attorney on the other side. First, you cannot modify a current timesharing plan ratified by a final judgement by motion. You have to file a supplemental petition to modify, not a motion. If you file a motion, the judge will not take any action until the proper pleadings are filed. In your supplemental petition you have to plead facts that would constitute a "substantial, material, unanticipated, change in circumstances" and that your requested change would be in the best interests of the child. If that burden is not even properly pled in your pleading then its very likely the attorneys motion to dismiss will be granted, but it probably will be granted without prejudice so you will have an opportunity to fix your pleading to make it legally sufficient. If you dont hire an attorney you run the risk of your pleadings being dismissed everytime. Call around, and maybe you can find one that will take payments. However most reputable family law attorneys charge a standard retainer amount and reasonable hourly fee. Best of luck to you!
An attorney will need to review the pleadings to tell you the likelihood of prevailing on the motion to dismiss filed by your Former Husband. You are only required to allege in your pleadings that there has been a substantial, unanticipated, material and permanent change in circumstances to prevail on the motion to dismiss not actually prove that there has been one, that is what trial is for. In Lake County, a motion for temporary relief is usually not heard until after you have been to mediation unless there is an emergency situation, such as evidence that child is in imminent danger of bodily harm or that the other party may remove the child from the state. I suggest that you seek counsel from an attorney in the county where the action is pending so that they can provide you with advise on how to handle your situation and your likelihood of prevailing on the current pleadings.
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