Q: Why would a judge rule insufficient on an affidavit but approve motion to petition? What makes an affidavit insufficien?
We filed for motion to modify custody through our attorney and they said the judge said the affidavit was insufficient and rejected to give a court date. But she approved the motion to petition. We are very confused and waiting to hear back from our attorney. Any help would be appreciated
A:
You need to speak directly with your attorney regarding this as another attorney cannot give you advice when you are already represented.
Generally speaking scheduling a hearing and acceptance of a petition are two different things. For example, many times a person may file a petition and the Court is only allowed to schedule a hearing if the correct information is contained in the affidavit (not all cases require affidavits for hearings). Filing a petition and being assigned a case number does not decide whether the case is good or not, it is simply a request of the court.
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