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How do I file a motion (pro se) to withdraw a motion filed by the attorney I just fired?

Meridian, ID |

My ex filed contempt charges. The attorney I had at the time said we had to go to court. I asked him, because we were already going to court, to file a motion to clarify the visitation agreement (so my ex would quit trying to file contempt charges every twenty minutes). He did. I had consultation with another attorney. 2nd opinion guy said charges were unfounded and to file for summary judgment. Since I am now unemployed he said to fire my attorney and get court-appointed attorney for the summary judgement. I did, but now I don't know how to get out of the modification. How do I motion to withdraw prior motion?

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Attorney answers 1


If I understand you correctly, you are asking "How do I withdraw my Motion (petition) to modify visitation?

Has your ex-husband's attorney responded to the Motion "to clarify visitation." If so, we should contact the attorney and ask if he would stipulate to the dismissal of the Motion without prejudice (so you can file a similar motion in the future) and also stipulate that each party be responsible for their own fees and costs. That would be the simplest method.

If their has been no formal response, you simply file a pleading, that says you voluntarily withdraw your motion without prejudice.

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