Who is the Petitioner and Respondent in Motion to Compel Discovery in a Child Support Case
I would hate to have written this entire motion only to have it denied.
3 attorney answers
The first lawyer who responded is correct that once you have been designated the Respondent, you remain the Respondent in the case, even when you are the one initiating a subsequent action. She is also correct in advising you to serve all parties in the case, including the Dept of Child Support Services.
The second lawyer also has a good point in recommending an attorney. Motions to compel are quite complicated in terms of the formalities required, and they can vary depending upon the local rules of your court.
The entity or individual filing the suit is the Petitioner. The entity or individual they are suing is the Respondent. You really should consider talking to a family law attorney. They have a lawyer and it is obvious that you know very little about the law. Not to be rude, but if the motion is denied, it will likely because you are unaware of the legal argumentation required to put in the motion. An attorney would know what to do. I really do wish you the best, but to protect yourself and your rights, seek legal counsel.
All parties need to be served with all documents that are filed with the Court with Proof of Service. As to the party designation, also known as the Caption, the parties never change, ie, the Petitioner is always the Petitioner, for everything filed under that particular case number.
The information and material are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.