Pending motion


#1

How long can a custody modification motion remain pending until it can be dismissed? Do you have to file to request it is dismissed, or does the court do away with it?


#2

If a party doesn’t pursue a motion, I would advise to leave well enough alone. If you try to file a motion to have it dismissed for lack of action, that may only spur the party into action. To succeed on a motion to modify child custody, the party requesting the modification has to argue that there has been a substantial change in circumstances that adversely affects the minor children warranting a change in the custodial schedule. If they delay in pursuing their claim, this could impact their argument about the change, whether it was adverse, and whether changing the schedule is now appropriate.


#3

Thank you for your reply. It has been a year this month, and now they are digging their heels in trying to do something with this case. During the past year, they have failed to come up with a valid change in circumstances, so they are inventing claims in an attempt to discredit my parenting skills (or whatever they are trying to do). The ex has a terrible attorney who does not play by the rules, has involved the minor children in discussion of custody in front of the ex, putting the child in the direct line of fire, without the consent of the legal and physical custodial parent. I am pro se, and while I know my way around somewhat, I am not used to dealing with such an unethical opposing attorney.


#4

If she is really involving the child, you may also have an argument to modify custody in your favor. If they decide to proceed, you may want to consider filing your own motion. You should really have a consultation with an attorney in your area to discuss all the facts and figure out how you should proceed.