I wrote my Answer to my husband’s Complaint of sole custody, in which he states that I am not a fit and proper person to care for our minor child, and that he is. My husband and I just separated and he has criminal charges pending within our county that are DWI, probation violation, and Domestic Violence in regards to myself. It makes no since that he sent this Complaint to me in the first place except for the fact, that I was the homemaker and he the income and he now knows that i wouldn’t be able to hire an attorney. Be that as it may, I have written a Motion to Dismiss and Answer with attached affidavit’s from my family, and those that have witnessed his abandonment of the home and minor child, oodles of emails that i spoke with his mother in regards to his spousal abuse and abandonment and alcohol abuse. Ok, my question is this. … all together the attachments to my Motion/Answer is about 4 inches thick. I have three copies made and i have each affidavit signed before a notary… i have my verification and certificate of service… ( i use to be a paralegal so long ago) Do i have to file his copy that goes to his attorney with the clerk of court first, or do i just file my information w/ all the attached copies and then make a copy of the filed paperwork and send to his attorney’s office? Also everything that goes to the judge must go to his attorney also, correct? can i just send the Answer/Motion without the attachments to his attorney? Also i spoke with legal aid in my county and they said that in the WHEREFORE… I could ask for custody and would not need to write a counterclaim… something about that doesn’t sit right with me when i look at it. Today is December 14 and I started to file today because Friday is my deadline but something told me I needed to research more. Seems like I would need a separate action … My husband was also stating that we had substantial marital property and wanted an interim … i also asked in my Answer for it to be dismissed and held over for a Separation agreement or Divorce. Then yesterday i received in the mail a Notice of Hearing… stating a temporary custody/mediation hearing… i don’t understand why I received that before I have even filed my Answer. Sorry for all the questions, but how likely is it that a judge will dismiss a Plaintiff’s Complaint upon request from the Defendant (myself) due to overwhelming evidence and a fraud upon the court? this is my Motion excluding the actual dates and info…
That the Complaint fails to state a claim upon which relief can be granted and should be dismissed pursuant to Rule 12(b) (6) of the North Carolina Rules of Civil Procedure based upon the following:
1. That the plaintiff’s Complaint is void of any allegations or findings of abuse or neglect of the minor child by the defendant, name excluded, or that I am in fact unfit in any way to have custody of the minor child; to wit: name and date excluded.
Thank you so much for your help!!