I filed a motion to dismiss and in the alternative change venue. The magistrate denied the motion to dismiss, has yet to decide on the change of venue and gave me 10 days to file an answer. I realized that the petitioner filed improperly due to custody already having been determined over 5 years ago. He filed to determine paternity and for joint custody while our current agreement states that he only have supervised visits through a third party. I am reluctant to answer the summons due to the concern that I may not have that as a defense once I answer. Will answering the summons cause me to no longer get a dismissal? Can I request another motion to dismiss on these grounds? I understand that it may upset the magistrate to request a motion to dismiss again, but I am genuinely trying to do what's in the best interest of our child. Also, why won't the magistrate just decide on the change venue without me answering? I am not eligible for legal aid due to a conflict of interest because he has used it in both my county and his.
You should probably stop trying to be your own lawyer and consult with and retain a family law attorney. Most AVVO attorneys offer a free initial consultation. Call one of us today. Good luck.
B. Elaine Jones, Esq.
I agree, that you should consult with an attorney, as it is not an easy task to navigate the family law court system. First, I would suggest filing an Exception to the Magistrate's Recommended Report unless you waived the 10 day exception period. Once you file an Answer to the Petition then you can no longer file a Motion to Dismiss on that Petition. You really should consult with an attorney as that is in the best interest of your child as well.
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