Legal Question in Family Law in California

Which Motion to Motion

I am the father of a seven month old child and I am acting as my own attorney in the case. As a new twist, the mother has filed a Contempt motion against me. She is represented by an attorney. I feel comfortable representing myself, despite the criminal nature of this hearing. Here is the question: I THINK I am able to convinve the Judge there is no legal grounds for the case, however I am SURE I will not be found in contempt. Should I bring forth a motion to dismiss or play it safe for a motion for summary judgement. Trying to evade her attorneys possible legal maunevers.


Asked on 7/31/02, 12:47 am

2 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Which Motion to Motion

I have to assume it is a Paternity action where the childs mother is seeking child support. You have not stated what she is basing the Contempt charge on. To accurately advise you I need more information. Feel free to contact me at your convenience-Martin

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Answered on 7/31/02, 6:23 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Which Motion to Motion

You cannot bring a motion to dismiss b/c it is not your claim. You are the defendant. I do not know if you can bring a summary judgment motion, but even if you could, that would be the last thing on earth you would want to do. By bringing a summary judgment motion you would be showing your defense to the other side. Why would you want to do this? So they can be more prepared for trial? You can get a public defender--I highly recommend you do this. Believe me, an all expenses paid vacation at the county motel is not near as fun as it sounds.

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Answered on 7/31/02, 1:07 am


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