Q: Can I file a continuance on a Motion to Dismiss. I filed for a Motion to Modify Child Custody (Support) with my ex.
I filed my Motion to Modify Child Custody (Support) on 25 July 2018, the original has not been altered since it was enforced in 2012. My ex-wife got legal aid and they are wanting to denie my Custody change for more time. They filed a Motion for Dismiss for Failure to State Claim. I am wanting to file a Motion for Continuance and a Motion for Contempt of Court for breaking the original court order on a number of occasions from school to doctor information.
A: You may file whatever you want. The safest approach would be to file a notice of hearing in order to get your motion for continuance heard.
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