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How do I file a motion to dismiss a petition?
Anonymous6 views3 answers
I'm looking to file a motion to dismiss my ex-spouse's petition to modify our parenting plan. It has been only 2 months since the final judgment, and since then, it has been made known that I now have a significant other. She has not been too pleasant with this, reaching out to her on social media, as well as family members doing so as well, so they were blocked.She mentioned in the petition that our minor saw my significant other and I "showing affection", because she gave me a kiss.She is also stating that because I attend on-campus classes now (they were online) for 3 hours a week, she doesn't want to pay any childcare associated (which is fine because she can keep the kids while I am in class bi-weekly). No overnights are affected. What exactly should I dismiss if there are no grounds?
You can attempt to dismiss the petition by alleging that he has not met the burden of showing there has been a substantial, unanticipated change in circumstances, which from the sounds of things, there has not been. You might consider discussing your case further with an experience family law attorney who offers free consultations - as these cases are often not as straightforward as them seem at the outset. Wishing you well!
To have her Supplemental Petition dismissed, you would need to show that there has not been a substantial change in circumstances that was unanticipated at the time of the prior order - which is what she must show in order to request a change. Basically, your argument is that your new "significant other" may be a change, but it is not substantial.
I agree with Ms. Otto. Modifying Final Judgments, particularly under these circumstances, would be quite difficult based on the information that you've provided. I would urge you to consult with a family law attorney before filing a motion to dismiss. Moreover, you do not want to file an answer if you're filing a MTD. Make sure that you've properly accounted for the remaining days during which you can respond (with a MTD, etc.). Many attorneys on offer free telephonic consultations. Take advantage of these resources. Good luck.
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