Motion to Dismiss

[Miller]

Not sure if you remember my case.  SD is 15 and wants to move in with us.  Lots of issues at her mother's house including underage drinking, abusive boyfriend (her mom's), and sexual activity.  Our attorney filed a motion to modify custody and set a court date to request a guardian ad litem.  That court date was last week.  BM's attorney showed up and first argued that he only received 13 days notice of the court date instead of the required 14.  The judge gave him a really interesting look that said "are you kidding me?"  Our attorney responded that the "rule" is that the notice be mailed no later than 14 days prior and that had been done.

BM's attorney then said that he planned to file a motion to dimiss.  The judge asked if he would like to present it to the court now.  The attorney said it was back in his office.  So, the judge set a date for this week to hear the motion to dismiss.

The judge did ask about mediation and our attorney explained that the parties have tried to work this out but have been unsuccessful.  Our attorney stressed the urgency of the matter and noted that mediation would just delay things.  She noted the sensitivity when custody is being discussed and the desire to have something settled before school starts in a little over a month.  The judge noted that perhaps after the motion to dismiss it heard and if the case proceeds, then we may want to consider an emergency temporary custody hearing.

So, what are the chances that the case will be dismissed?  Does this happen often?

We really had just hoped to get the GAL assigned and let them start talking with everyone.

[socrateaser]

>So, what are the chances that the case will be dismissed?

The court must do substantial justice. There is no good cause for a dismissal, from what I can see.

>Does this happen often?

Irrelevant.