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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2182
Experience:  Practicing Attorney with 10 years experience
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I need a sample Motion to Dismiss with Prejudice State of

Customer Question

I need a sample Motion to Dismiss with Prejudice for the State of Louisiana, Family Law Court.
Also, would love a sample Filing in Civil Court for Fraud due to attributed Paternity if you can find a case
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.
What state do you live in?
Customer: replied 1 year ago.
Louisiana is the Court that has jurisdiction, in particular, Lafayette Parish
Expert:  Asad Rahman replied 1 year ago.

This should work. http://forms.justia.com/louisiana/local-parish/east-baton-rouge/city-court/motion-and-order-for-judgment-of-dismissal-13215.html

Customer: replied 1 year ago.
Looks like autocorrect changed what I initially typed in my second sentence. In addition to a sample Motion to Dismiss with Prejudice, I'd like a sample Filing in Civil Court, suing a woman for Fraud due to misattributed paternity
Customer: replied 1 year ago.
I don't need a sample outline, I can handle that. What I'm looking for is actual case law where a moving party failed to continue to move the case forward and the Judge dismissed the case with prejudice
Expert:  Asad Rahman replied 1 year ago.

The court clerk can give you a blank petition form that you can file.

Customer: replied 1 year ago.
Are you referring to the civil suit?
Customer: replied 1 year ago.
You still there?
Expert:  Asad Rahman replied 1 year ago.

Oh i see. You really do not need to cute case law as this is more a civil procedure issue. If the plaintiff fails to move the case forward you are entitled to the relief.

Expert:  Asad Rahman replied 1 year ago.

Cite

Customer: replied 1 year ago.
May I ask, are you a licensed attorney? And if so, what area of law do you specialize?
Expert:  Asad Rahman replied 1 year ago.

Yes i am. Civil law and corporate law. I also have experience with family law.

Customer: replied 1 year ago.
Fantastic. My case is complex legally, however incredibly simple from a moral standpoint. In your experience, have you ever heard of anyone suing their ex-wife in Louisiana for Paternity Fraud, of Fraud, due to misattributed paternity? I have spent many hours in the law library looking for something to guide me with but have had no luck. The family court is so incredibly biased toward a woman my only recourse may be in civil court. How difficult would it be for me to bring a case against the perpetrator as a pro se litigant?
Expert:  Asad Rahman replied 1 year ago.

Well I practice in Texas so similar false accusations happen. If you can prove she knowingly filed a false paternity action then yes you have strong grounds for a defamation and fraud claim. The key element is she knew it was a false action.

Customer: replied 1 year ago.
She did tell me, in the presence of "our" 3 year old child and my father over the bluetooth speakers in my truck that "you're not Liam's father and have no business being around him!" I now have 2 DNA tests showing that she was, for once, telling the truth. One is court ordered. The complex issue here is that we were married. So what exactly constitutes a false paternity action?
Expert:  Asad Rahman replied 1 year ago.

There is not a specific cause of action like that. You would fike a suit alleging fraud and defamation.

Customer: replied 1 year ago.
Let me ask you this then. Ever since the Court Ordered DNA test came back, she has done nothing and is absolutely refusing to accept my incredibly gracious offer to essentially pay her attorney and name Liam's real father and exit my life permanently. I've been ordered to pay her $2,000/ month in child support. Could my solution be as simple as filing a motion to dismiss with prejudice? And would that vacate my Child Support Order? What about the $50,000+ in attorney fees I've spent hiring a team of lawyers to do the right thing? Would my dismissal order entitle me to be reimbursed since she committed fraud in misrepresenting herself?
Customer: replied 1 year ago.
are Civil Suits filed at the same Court House as Family Law cases?
Expert:  Asad Rahman replied 1 year ago.

Yes you could do that and the judge would have to order her to reimburse the attorney fees. Again the key to the judge agreeing would be proof that she knowingly filed a false paternity claim.

Customer: replied 1 year ago.
In civil court, what am i entitled to for damages in the state of louisiana? I know in Florida, you are awarded triple
Customer: replied 1 year ago.
How do you know there aren't any specific causes of action for someone in my circumstances? Although despicable and very unfortunate, I'm sure I'm not the only victim in Louisiana. This even happened to my next door neighbor
Customer: replied 1 year ago.
A specific cause of action is what I need
Customer: replied 1 year ago.
I'm getting off work. I will talk to you later and I really hope you can assist me. Have a great day
Expert:  Asad Rahman replied 1 year ago.

Ive never seen a suit called wrong wrongful paternity action. You would allege fraud. That is your claim. I am not as aware of the damages awards in Louisiana.