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ErinDyan1234

Motion to Dismiss Emergency Modification of Custody Petition

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Is it possible to file a motion to dismiss an emergency petition for the violating Form of Pleadings in OCGA 9-11-10 as well as for not filing with initial petition the required Domestic Relations Financial Affidavit, a proposed parenting plan, a rule nisi or a verifications form?

 

Along with the motion to dismiss, I was wanting to include a counter motion of contempt.  I am aware that by my ex filing a modification motion, it opens the door for counter claims of contempt, however instead of doing an answer and countercliam, I was wanting to do a dismissal and counterclaim.  Is this Possible?

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Anything's possible but you'd just be wasting your time and annoying the judge because you are clueless about how this works.

 

An emergency petition alleges that there is an emergency and asks the judge to rule on it in a hurry. The judge won't dismiss it just because you are unhappy with it nor will he find your ex in contempt just for filing the petition.

 

What you have to do is defend against the allegations by rebutting them and asking the judge to rule in your favor.

 

Even if you win the day it doesn't necessarily mean that your ex was in contempt at all.

 

And, by the way, you don't file a "claim for contempt" you file an "Order to Show Cause Why Your Ex Shouldn't be Held in Contempt." Then your ex has the opportunity to go to court and explain why he shouldn't be held in contempt. If the judge doesn't buy his story, the judge will give him the opportunity to correct the issue.

 

Understand that people rarely, if ever, get fined or sent to jail for contempt in divorce court. The worst that might happen is that they don't get what they want on a particular issue.

 

Now that you understand (I hope you do) how little you know about all this, I strongly suggest you hire a lawyer.

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Yes you can file a Motion to Dismiss since your EX has failed to follow the proper civil procedures of that state. However, that does not mean your Motion to Dismiss will be granted! The Judge could allow your EX to amend or supplement his pleadings to add what is improper or missing.......which is the usual circumstances with pro-se individuals to serve the best interest of justice.

 

Second, just because your EX has failed to follow the proper civil procedures or is in contemp of court does not give you a cause of action (grounds for a lawsuit).......the only thing that could possible happen is what I stated above or you could move the court to impose a saction.

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When asking procedural questions, it is important to understand that such questions are extremely difficult to answer if one is not a practitioner in the relevant jurisdiction.  As far as I know, none of the regulars here live or practice in Georgia.

 

 

Is it possible to file a motion to dismiss an emergency petition for the violating Form of Pleadings in OCGA 9-11-10

 

I'm sure it is, but it seems unlikely that dismissal is the appropriate remedy for something like that.  Of course, if you were to pose this question to a local attorney, the attorney almost certainly would respond with something like, "how did the petition violate the rule?"

 

 

 

as well as for not filing with initial petition the required Domestic Relations Financial Affidavit, a proposed parenting plan, a rule nisi or a verifications form?

 

Pretty much the same answer.  Dismissal is not likely the appropriate remedy for this.  In my state, a court would simply send out a "you screwed up and need to file the blankety-blank by such-and-such date" notice.

 

 

 

Along with the motion to dismiss, I was wanting to include a counter motion of contempt.  I am aware that by my ex filing a modification motion, it opens the door for counter claims of contempt, however instead of doing an answer and countercliam, I was wanting to do a dismissal and counterclaim.  Is this Possible?

 

Asking "can I file ____?" is completely useless.  You likely can file just about anything you want.  The question that matters is, "If I file a ___ based on ___ facts, do I have a reasonable chance of the court doing ___?"

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