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Im looking at the laws regarding a withdraw of custudy

Customer Question
Hi...im looking at the...

Hi...im looking at the laws regarding a withdraw of custudy papers

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I filed papers for paternity establishment, visitation and child support last year

Lawyer's Assistant: Family law varies by state. What state are you in?

Louisiana

Submitted: 4 months ago.Category: Family Law
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Answered in 1 minute by:
3/20/2018
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,711
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello; so 1 parent filed such papers? did the other parent respond?

Have any orders been issued?

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Customer reply replied 4 months ago
I filed papers a year ago..a couple months after the other parent went to jail so the hearing officer stated that I was the legal guardian and the other parent had to notify me when he got out so we can do the paternity test. Never heard from him when he got out but last week got papers for a new court date and a re-set of my filing
Family Lawyer: LegalGems, Lawyer replied 4 months ago

That would either be a continuance of the initial action; or a fresh filing from the father trying to establish parentage and possibly custody/visitation issues.

Unfortunately one cannot dismiss such a case and would need to actively participate as the court will issue an order requiring a paternity test at a court approved lab in order to determine parentage.

If there is no physical way that the father can be the biological father, the mother may offer that into evidence and dispute the request for a DNA test based on that.

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

For example please see:

http://caselaw.findlaw.com/la-court-of-appeal/1658700.html

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Customer reply replied 4 months ago
it says a re-set of my filing...as the one who filed there's no way to dismiss the case?
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Normally a hearing is "reset" upon petition of the parents:

https://cases.justia.com/louisiana/fourth-circuit-court-of-appeal/2015-2014-ca-0673.pdf?ts=1426875626

The courts do not monitor cases to determine when they should appear on calendar.

But if there was no motion to reset filed, then either party may bring a motion to dismiss; however this is usually done "without prejudice" meaning either party can later refile to litigate the issue.

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Customer reply replied 4 months ago
Ok so I'm a little confused. So I filed the papers a while ago. The papers I was sent were my same papers with the notice on top saying "the motion to re-set/notice hearing officer conference was filed this day..." so what does this mean for me? what are my options?
Family Lawyer: LegalGems, Lawyer replied 4 months ago
That would indicate either the party or the court reset the hearing and it is scheduled to go forward meaning a party would need to file a motion to dismiss and the grounds for the request, and the court will determine if it is appropriate. They may require both parties to consent to the dismissal motion.
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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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