Title: Sample Ex Parte Motion for Custody with Motion to Dismiss: Overview and Variations Keywords: ex parte motion, custody, motion to dismiss, sample, detailed description Introduction: An ex parte motion for custody with a motion to dismiss is a legal document filed in family court. It aims to obtain a temporary custody order while also requesting the court to dismiss the other party's claims regarding custody. This article provides a detailed description of this motion, outlining its purpose, components, and variations. 1. Purpose of a Sample Ex Parte Motion for Custody with Motion to Dismiss: The primary objective of this motion is twofold: seeking immediate temporary custody of a child and persuading the court to dismiss the opposing party's claims for custody. By filing this motion, the moving party aims to showcase the lack of merit or legality in the opposing party's custody petition. 2. Components of a Sample Ex Parte Motion for Custody with Motion to Dismiss: The document typically consists of several sections, including: a. Caption and Case Information: Provide the court's name, case number, parties involved, and relevant contact details. b. Introduction: Clearly state the moving party's name, relationship to the child, and the reason for filing the motion. c. Factual Background: Present a concise account of the history and circumstances leading up to the custody dispute. d. Grounds for Dismissal: Articulate the legal basis for dismissing the opposing party's claims, such as jurisdictional issues, lack of standing, or unsubstantiated allegations. e. Arguments Supporting Custody: Highlight the moving party's ability to meet the child's best interests through compelling evidence, character references, and any relevant considerations. f. Request for Temporary Custody: Clearly state the requested custody arrangement and provide reasoning that supports the temporary nature of the order. g. Relief Sought: Specify the desired outcomes, including the dismissal of the opposing party's custody petition and the granting of temporary custody. 3. Variations of the Sample Ex Parte Motion for Custody with Motion to Dismiss: It's important to note that variations in this motion may arise depending on the specific circumstances of the case. Some common variations include: a. Emergency Custody Motion: When there is an imminent risk to the child's safety or well-being, a party may file an ex parte motion for immediate emergency custody as part of this motion. b. Counterclaims: In response to the opposing party's custody claims, the moving party may also include counterclaims for sole or joint custody, presenting strong arguments supporting their position. c. Temporary Visitation Order: Alongside the motion to obtain temporary custody, the moving party may request a temporary visitation order to ensure ongoing contact and bonding between the child and non-custodial party. d. Specific Custody Schedule: If both parties agree on a specific custody schedule, it can be included in the motion, providing a clear proposal for temporary custody arrangements. Conclusion: A sample ex parte motion for custody with a motion to dismiss is an essential legal document used to request temporary custody while simultaneously seeking the outright dismissal of the opposing party's custody claims. By presenting detailed arguments, supporting evidence, and legal reasoning, this motion aims to strengthen the moving party's position in the custody dispute. Remember to tailor the document to suit the specific circumstances of the case and consult an attorney for guidance.
Sample Ex Parte Motion For Custody With Motion To Dismiss
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An ex parte motion, sometimes called an emergency motion, is when you bring an urgent motion without notice to your partner. This means you don't have to serve your documents on your partner before the judge hears the motion and makes a decision.
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application. ... Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ... If the other party is harassing you or forcing you, provide the court with the records. ... Be prepared for a full hearing.
If you intend to oppose the ex parte application, file your opposition documents as soon as you can. You may bring your opposition to Court with you and file it before the ex parte hearing. Arrive 10 to 15 minutes earlier than your scheduled time.
If You Have Been Noticed of an Ex Parte Hearing You are not required to file a Response to the Ex Parte request. However, you may submit a response along with valid proof of service to the moving party via the Court's dropbox by a.m. on the scheduled ex parte hearing date.
Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding.