Family Court Dismissal Process

Summary

In South Carolina, a plaintiff can request dismissal of a custody case, but the court considers both parties interests. The defendant should address procedural issues like an affidavit of default promptly. Documenting and addressing any misconduct by the plaintiffs attorney is crucial.

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Does appearing in family court at a hearing count and answering a summons
Appearing in family court for a hearing is indeed part of responding to a summons. When you're summoned, attending the hearing is your opportunity to present your side of the case. If you have any specific concerns about the summons or hearing, could you tell me more about them?
After appearing in court after being served can the plaintiff get it dismissed if the defendant refuses
In family court, whether a plaintiff can get a case dismissed after the defendant refuses depends on various factors including the type of case and the basis for dismissal. Here are some general points:
- The plaintiff can request dismissal if they no longer wish to pursue the case.
- The court may dismiss if procedural rules are not followed.
- Settlement or agreement between parties can lead to dismissal.
Is there a particular aspect of the case you're concerned about?
The plaintiff wants to dismiss a custody case but the defendant wants to pursue and the plaintiff has filed a dismissal and an affidavit of default against the defendant
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In North Carolina, if the plaintiff wants to dismiss a custody case but the defendant wants to pursue it, the court may consider the affidavit of default. The defendant can request the court to proceed based on their interest in the case.
Could you clarify if the defendant has responded to the affidavit of default or if there are any other procedural issues involved?
The affidavit of default was in South Carolina and given to the defendant 1 day before the hearing but yes the defendant appeared at a court hearing
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The defendant's appearance at the hearing suggests they are actively participating in the case, even with the affidavit of default. In family court, the judge will consider the interests of both parties, especially when custody is involved. It's essential to address any procedural issues related to the affidavit promptly in South Carolina.
How can the defendant properly show the judge the under handed actions of the plaintiffs attorney
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To address underhanded actions of the plaintiff's attorney, the defendant can:
- Document all interactions and evidence of misconduct.
- File a formal complaint with the court detailing the attorney's actions.
- Request a hearing to present evidence and seek a court order addressing the issue.
Would you like more information on filing a complaint or any specific aspect?