Q: Should I move to dismiss?
I filed a motion for change of custody and contempt pro se. I served my ex via certified mail. He picked it up at the very last moment. He also filed a motion for emergency suspension of visitation and contempt about 5 hours after I filed mine and served me with a process server the very next day. The emergency ex party was denied. My 30 days is getting close to file my answer for his motion. I am considering filing a motion to dismiss his motion. My reasoning is that I filed first (although he was technically not served for about 13 days after; I'm not sure how much that matters) and all of his claims are either unsubstantiated or just straight up false. I would think that since mine was filed first, he should put his claims into a counterclaim.
A:
Counterclaims are typically used in response to Complaints. From the info in the question it appears you filed a motion. He would need to file a Response to your Motion. That being said, being served matters, technically he is should to respond to your motion and you should to respond to his.
Or neither one of you can respond and you can just set a hearing and go to court.
The judge will not likely grant your motion to dismiss.
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