I am the defendant in a civil custody case (divorce was finalized in 2013 in GA and I have physical custody with majority timeshare). A trial has been set for October but I received a "Motion for Immediate Return" on 07/20/2015. I was planning to file a motion for dismissal on subject matter jurisdiction followed by my answer to the above mentioned motion; however, today I received a "Notice of Hearing" without having been contacted by opposing counsel with a date for 08/07/2015. This hearing has been scheduled well prior to my 20 day response window and it does not provide me the minimum 14 days required before hearings (as I understand it). What steps should I take next? I was considering filing a motion to strike hearing followed by my motion to dismiss and answer but I really do not know my rights. I would appreciate any assistance you can offer. Thank you.
2 Answers from Attorneys
Call the judge's JA and advise notice was served ex parte. Serve your opposition papers. Do not rely on the judge adjourning.
You need to speak with a local attorney. Impossible for me to respond without reviewing the documents in questions.