Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Can you reopen a child custody case after it’s dismissed?

Customer Question
Can you reopen a child...
Can you reopen a child custody case after it has been dismissed
Submitted: 8 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
9/4/2009
Family Lawyer: J.Hazelbaker, Lawyer replied 8 years ago
J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Family Law
Satisfied Customers: 4,385
Experience: Experienced family and domestic relations law attorney in Ohio.
Verified

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!

Ask Your Own Family Law Question
Customer reply replied 8 years ago
The father with drew the case, will this make a difference
Family Lawyer: J.Hazelbaker, Lawyer replied 8 years ago
Yes. If he withdrew the case, then it can be refiled, I'm sorry to say.
Ask Your Own Family Law Question
Customer reply replied 8 years ago
will it look bad with a judge that he did.
Family Lawyer: J.Hazelbaker, Lawyer replied 8 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".
Ask Your Own Family Law Question
Customer reply replied 8 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.

Family Lawyer: J.Hazelbaker, Lawyer replied 8 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!

Ask Your Own Family Law Question
Customer reply replied 8 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

Family Lawyer: J.Hazelbaker, Lawyer replied 8 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.

Ask Your Own Family Law Question
Customer reply replied 8 years ago
He has a dishonerable discharge from the marines will this help me in my case
Family Lawyer: J.Hazelbaker, Lawyer replied 8 years ago
Yes, that would help.
J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Family Law
Satisfied Customers: 4,385
Experience: Experienced family and domestic relations law attorney in Ohio.
Verified
J.Hazelbaker and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask J.Hazelbaker Your Own Question
J.Hazelbaker
J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Family Law
Satisfied Customers: 4,385
4,385 Satisfied Customers
Experience: Experienced family and domestic relations law attorney in Ohio.

J.Hazelbaker is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I am looking at having parental rights terminated for the
I am looking at having parental rights terminated for the father of my son how can I go about doing this as he has not paid support since Aug and has abonded my son … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
If a petition for parental rights is brought upon a mother
If a petition for parental rights is brought upon a mother by a THIRD PARTY with no state involvement, does the third party have to offer the mother a case plan for reunification like the state would … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
What are grand parents rights. My grand childs father is
What are grand parents rights. My grand childs father is trying to take away all visitation and take over complete custody of his son. My grand daughter has shared custody now. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need help in child custody. Texas. Not at this time. That
That my son has been in the custody of his father and his father's family for 2years in violation of a shelter document he received to pick my son up during my hospitalization… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I received temporary orders for child custody here in
good morning. i received temporary orders for child custody here in nebraska. i have the order for you to look at. it says temporary removal of minor child to tennessee is denied. it goes on to say my… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
If a parents rights are terminated on one child, are they
If a parents rights are terminated on one child, are they automatically terminated on other siblings … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
This is a child custody question i am in the state of
this is a child custody question i am in the state of Colorado and recently my sister at 40 years old died and she has a 14 yr old daughter they both lived with my grand parents for well over 10 years… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When parents go to court over child custody, what is
When parents go to court over child custody, what is "discovery" exactly and how does it work?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
I'm trying to fight for parental rights over what i believe
I'm trying to fight for parental rights over what i believe to be my child. I even been to Department of human resources over a month ago and still have heard anything back not even if they made conta… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
I have a family law question, child custody... Florida. I
I have a family law question, child custody... JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Have you talked to a lawyer yet? Customer… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
In Ohio can a mother freely sign over custody to paternal
In Ohio can a mother freely sign over custody to paternal grandmother if the child was placed in children services? The mother of my grandson would like me to have custody. The father (my son) is in p… read more
Expert James
Expert James
Doctoral Degree
11,707 satisfied customers
In a child custody visitation schedule, can a judge from
In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Was just wondering the specifics of visitation at mothers
Was just wondering the specifics of visitation at mothers discretion … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
I need to write up a child custody agreement. Mother lives
I need to write up a child custody agreement. Mother lives in Costa Rica (she is here visiting now) and Father is US Citizen. Child is 16yo not born in USA but were are actively trying to secure her p… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about child custody/ visitation in MI, My
I have a question about child custody/ visitation in MI … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Child custody and parent rights question. unmarried with 3
child custody and parent rights question. unmarried with 3 month old child. Child's father keeps entering my home w\out permission and states he has a right to see his child, He stops at all hours of … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x