Raeford, NC asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina

Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't transfer our son out for his sake. Spelled our son's name wrong. Said I was on probation but didn't mention he was arrested with me and charged with the same crimes, plus an additional charge (not sure if convicted). Stated "lives with man who has previous criminal background." - vague. He is referencing my other son's father, but I live with TWO men who have criminal backgrounds (the other is my grandfather). Plantiff has been arrested twice. Many claims are lies that are easily disproved with police & school records, emails, photos, statements from officials, etc. He accused me of drug abuse; I have official documents stating otherwise. The are no specific dates or laws in his claims

1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.

I highly doubt that a motion to dismiss or a motion for summary judgment are totally appropriate, but can't say more without more information. A motion to transfer venue might make the most sense, but that also depends on some more facts.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.