Denver, CO asked in Family Law and Child Custody for Colorado

Q: Motion to dismiss?

Can I file a motion to dismiss if my ex filed another motion to modify parenting tine within the 2 year Colorado statute? In addition he filed an emergency petition to restrict parenting, at the hearing the judge ruled in my favor, basically told him he didn’t know what emergency meant. He is being extremely frivolous and vindictive.

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1 Lawyer Answer
Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: A motion to modify can be filed in a shortened period of time based on endangerment. It is not clear how the motion to restrict relates to the motion to modify. If sounds as if he may have lost the motion to restrict and is now filing the motion to modify as a second opportunity to allege endangerment. In theory, you could potentially move to dismiss if his motion to modify does not sufficiently allege endangerment, However, motions to dismiss are not common in domestic relations cases. You could accomplish the same thing in a response stating why endangerment has not been specifically set forth, and asking for dismissal as a remedy.

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