Legal Question in Family Law in Massachusetts

Motion to dismiss....

I filed a modification order, and (thought) I had the other parent served. I got the Domestic relations summons back form the sherrifs dept w/the acceptance of service portion blank. I used the local sheriffs dept to have the papers served, court date is TOMORROW. I JUST got in the mail from the other parents attny a motion to dismiss my motion (in sufficiency of service of process). If he was not served, how did he know of the court date? I did not announce my intentions, and the motion is scheduled for tomorrow, the original date of my motion for a modification. I am afraid now he will leave the state with our son b/c of this. Should I show up tomorrow, or start from scratch? I have tried to retain an attorney, but am yet to find one that can work with what I can afford ($200 initial payment with $100 week untill Nov, when balance will be paid with holiday bonus...) Any advice would be helpful- This is very stressfull situation, and the CP is making it very difficult- it has been almost a year since this has been going on, and since I have seen my son.


Asked on 9/02/08, 10:15 am

3 Answers from Attorneys
Nicholas Adamucci ADAMUCCI, LLC

Re: Motion to dismiss....

Assuming this is a connecticut case, you simply need to refile the motion, get a new date, and serve the motion again. Without proof of service, the motion is not going anywhere. If you need further help, you can email me at [email protected].

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Answered on 9/03/08, 8:49 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Motion to dismiss....

Regardless of the state, the pleadings must be served within the time permitted. If this is not done correctly, the other side can file pleadings or even not show up.

You did not say which State this is in. If the filing is in Connecticut, you need to repost it for that State.

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Answered on 9/02/08, 10:56 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Motion to dismiss....

If this is a Massachusetts case, the other side's motion means that he or she must be present in Court along with the attorney to file it. If there is a real question of service, I urge that you find a good Constable to come with you to Court, or to (re) serve TODAY. A constable in any municipality NEAR the defendant is acceptable as a process server.

COnstables can be located at:

http://www.constables-mbca.org/find.php

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Answered on 9/02/08, 11:56 am


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