Filing Motion to Dismiss

[jpursley]

My question involves a child custody case from the State of: PA and NC

A little background:

My son moved to NC in Febuary 2008 to find a job. Once he found a job, he moved his wife and child to NC from PA on July 13, 2008.

On December 19, 2008, he kicked her out of the house because she claimed that she had an extra-marital affair, actually claimed 'rape', with a roomate. Further investigation into her claims did not support her allegations, and she did not file a complaint with the police. This, along with seveal other incidents have led us to believe that she is an unstable person, and my son does not want her to be around him or the children untill there is some stability.

Upon leaving the residence, she went to a mental hospital, claiming thoughts of suicide and 'being a bad mother'. She was released three days later, and the sheriff drove her home. My son refused to let her in the house for fear of a domestic situation in which he may end up on the short end of the stick. She then decided to live in homeless shelters for the next 10 days through the holiday, untill she finally accepted my offer to pay for a bus ticket back to PA to be with her parents.

Upon returning to PA (by herself, without their 11 mo old child), she filed a complaint in PA for custody of the child. My son and I have sought legal advice here in NC, and have filed for a temporary custody hearing in NC.

What I need assistance with is how to file a 'motion to dismiss' for the PA custody hearing that she filed. The NC lawyer gave us two reasons to put into the motion: 1) Child is a NC citizen, and PA courts do not have jurisdiction over the matter 2) Legal action has been commenced in NC to decide the matter.

The NC lawyers (not actually representing my son, but helped type out the temp custody petition as part of a legal aid, self help program) believe that this issue should be heard in NC, not PA for the reasons stated above. There is a minor concern with the specific dates.....she moved to NC with the child on July 13, 2008, and returned to PA (without the child) and filed for custody in PA, with court stamp of January 6, 2009. This is a week shy of 6 months for her residency requirement in NC, but obviously the children have been and continue to be in NC, well past the 6 month requirement, making them residents of NC.

Anyway, sorry for the long story, but I wanted to be clear on what has happened.

I let my son borrow my car and he is in PA right now, trying to file a 'motion to dismiss'.....the Berks county court house staff refuse to helf him understand the process for filing the motion, claiming it as 'legal advise'. All we need to know is the format of the form, what (if any) other documents need to be submitted at the same time, which forms need to be notorized, and who to file the forms with once completed (clerk of courts, we presume).

Any help would be appreciated.

[Mr. Knowitall]

I recommend hiring a lawyer in Pennsylvania to prepare and file the paperwork, and to argue any necessary hearings for dismissal.