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
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.
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