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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Family Law
Satisfied Customers: 4385
Experience:  Experienced family and domestic relations law attorney in Ohio.
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Can you reopen a child custody case after it’s dismissed?

Resolved Question:

Can you reopen a child custody case after it has been dismissed
Submitted: 5 years ago.
Category: Family Law
Expert:  J.Hazelbaker replied 5 years ago.

It depends on whether the issue was dismissed with or without prejudice. If there is not statement as to whether it was so dismissed, then the presumption is that it was dismissed without prejudice.

When a case is dismissed without prejudice, then it can be refiled. A custody case can also be relitigated when new facts arrive that may alter the best interest considerations of the child and have not been previously litigated.

Please let me know, if you have follow-up questions.

In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

Customer: replied 5 years ago.
The father with drew the case, will this make a difference
Expert:  J.Hazelbaker replied 5 years ago.
Yes. If he withdrew the case, then it can be refiled, I'm sorry to say.
Customer: replied 5 years ago.
will it look bad with a judge that he did.
Expert:  J.Hazelbaker replied 5 years ago.
Yes. The more he does it, the worse he looks and the harder he will have to work to overcome the bias against him. At some point, the judge will simply say "stop".
Customer: replied 5 years ago.

He has had nothing to do with the baby so far and she is almost 6 months and he is not even on the birth certificate will they still give him alone time with visitation.

Expert:  J.Hazelbaker replied 5 years ago.

No.

First, you can argue the facts regarding non-involvment. Particularly if you are breastfeeding, a court is not going to order separate visitation away from the mother at such an early age, as long as the mother objects to such visitation.

Second, he would first have to have parental rights established which would take you stating in court that he is the biological father or, if you don't so state, a DNA test. He would have to schedule and pay for the DNA test.

Third, even if he were to get the DNA test and the test would prove that he is the father, he would likely not get alone visitation at this age, when you object.

Please let me know, if you have follow-up questions.

In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

Customer: replied 5 years ago.

i don't breast feed and I take her to daycare while I go to school. Can he make me let him watch her instead of the daycare

Expert:  J.Hazelbaker replied 5 years ago.

Possibly, but only after paternity is established.

Again, if you contest paternity, then that will take a while for the test to be administered and the results to be released. So it buys you time and creates hurdles for him to overcome. The more hurdles, the less likely he will pursue it.

Even if he does establish paternity, you can still object to alone visitation at this age. It simply depends on the facts and circumstances, such as his previous involvement, his criminal record, if any, etc.

Customer: replied 5 years ago.
He has a dishonerable discharge from the marines will this help me in my case
Expert:  J.Hazelbaker replied 5 years ago.
Yes, that would help.
J.Hazelbaker, Lawyer
Category: Family Law
Satisfied Customers: 4385
Experience: Experienced family and domestic relations law attorney in Ohio.
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