It is heard when the motion to dismiss is set or when the original motion is set. It can be heard prior to the motion, but usually we try to conserve time and set everything at the same time.
Motion to dismiss means that the person filing the motion believes your action does not have merit. An answer to a motion is simply a document supplying the court with more information about the situation.
The motion is valid until it is set for hearing and it is either granted or denied. Yes, it stays open. Yes, in the case of custody the entire custody action (except for maybe attorney fees, etc.) is moot once the child is no longer a minor. Thank you and good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.