Q: Do I have grounds to dismiss the Defendant's counterclaim? (family law)
I filed a complaint for mod. I went to dismiss this complaint and was informed defendant already filed a counterclaim, but never served me. I was given copies of the counterclaim. The "Change in circumstances" that defendant lists does not support the relief she's requesting. She states 1) There's a DA investigation pending on one child - This has since been closed; and 2) that I blocked her from texting me. The relief she requests is 1) For communication to be between me and her, and for it to be through Our Family Wizard - Our most recent order states Our Family Wizard will not be utilized due to her refusing to reactive her account last time - It also states all communication is at my discretion (She is constantly swearing at me and threatening me, so I blocked her from texting but she can still call me in emergencies); and 2) to be allowed at my sons appointments - She hasn't been allowed at them since 2015 due to conflict which hasn't changed. Will I be able to dismiss her motion?
A: Have you answered the Counterclaim? You will want to do so as soon as possible and also move to dismiss the counterclaim for the reasons she has stated. Does she have an attorney? Failing to serve you is significant as it is a failure to give you due process and pro se litigants have to follow the procedural and substantive laws.
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