Q: How to file Response to Motion to Dismiss?
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.
A: If you are trying to amend a current custody order, you have to file a Motion to Amend in the court that has jurisdiction over the case (which, depending on the underlying order, could be either Circuit or Juvenile & Domestic Relations District Court). If you have filed the wrong paperwork, the appropriate issue will not be on the court's docket, and it will likely be dismissed, possibly with an award of attorney's fees to the other party. The best course at this point would be to consult with a local family law attorney before filing any new, amended, or responsive paperwork - as your question is very case-specific, this is probably the most information you'll be able to get on this site. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
