I filed the wrong forms at circuit clerk, should have filed modification for child custody, instead, filed forms for child custody (don't know difference). Now my Ex. lawyer filed a motion to dismiss because of wrong papers. How do I file a response? or do I have to respond? Can I just go file the right papers and start over? If the judge dismisses the case can I file again? thanks for any answers. Ex. has been caught DUI 3x, with children in the vehicle two of those times. I do not think my children are safe around her, I really need to get this custody case in court as soon as possible. Thanks in advance.
You should be able to start over. But the mistake points out the benefits of you hiring an attorney.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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