Legal Question in Family Law in Oklahoma

Failure to follow up on a motion to modify a paternity decree
In February 2008 my daughters father filed a ''Motion to Modify'' our paternity decree. He is asking a number of things be changed such as visitation (which he has never had) child support amount (which he doesn't pay anyway) and claiming her on his taxes (which the judge denied him 2 years ago). In May 2008, the judge ordered us to go to mediation. My ex and his attorney have never set up the appointment and I learned in Oct. 2008 that my ex no longer even has an attorney. DHS has advised him to either get a new attorney or dismiss the motion. My ex has an extensive history of beginning a process and not following up on it. He is waiting for me and my attonrey to do all of the work so he won't have to pay an attorney. I caught on to his schemes very early so I have told my attorney to stand down and wait for my ex to do make a move (since he is the one who wants to change everything). My question is this- Is there a time limited a motion can sit there with no one taking action? Does rule 9 of the district court apply here? ( A court shall dismiss actions in which no action has been taken for a year as provided in 12 O.S.1981 � 1083.) Should I ask the judge to dismiss his motion or leave it alone? Thank you.

Asked on 11/20/08, 10:59 am

Wayne Allison Allison Legal, LLC

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Re: Failure to follow up on a motion to modify a paternity decree

Since you have an attorney familiar with the motion and history, I suggest you ask him or her, and provide your thoughts on what is going on.

Answered on 11/20/08, 11:28 am

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