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  • Can she ask judge to dismiss

    Pertaining to rpevious thread from SD:

    Yet another month has gone by, no response from "father" (remember HE intitiated suit). Can my daughter ask judge to dismiss his suit for failure to respond to his own suit? Frivolous suit? She replied last August she would sign paternity affadavit-- he has not done so. Her atty raised question to his atty a month ago as to his intentions. His atty's response was basically he didn't have a clue what was going on. "Father" wanted face-to-face meeting, my daughter agreed to a teleconference (there is an order of prtection in force) and he has not responded to that either. "Father" whines about not having seen baby, but will not establish paternity in his own stinkin' suit.

  • #2
    Originally posted by LaParole1 View Post
    Pertaining to rpevious thread from SD:

    Yet another month has gone by, no response from "father" (remember HE intitiated suit). Can my daughter ask judge to dismiss his suit for failure to respond to his own suit? Frivolous suit? She replied last August she would sign paternity affadavit-- he has not done so. Her atty raised question to his atty a month ago as to his intentions. His atty's response was basically he didn't have a clue what was going on. "Father" wanted face-to-face meeting, my daughter agreed to a teleconference (there is an order of prtection in force) and he has not responded to that either. "Father" whines about not having seen baby, but will not establish paternity in his own stinkin' suit.
    Mom? Is that you?

    J/K, it's just so much like my case... bio-dad initiated the case, then we never heard from him again.

    In my case, bio-dad's petition was dismissed (the wording on the order was "dismissed for want of prosecution"), but he was granted 6 continuances over an 11 month period before that happened.

    Honestly, it could be that after consulting his attorney, he realized just how much this is going to cost him, assuming your daughter is planning to collect child support. If this continues, you can probably have the case dismissed, but it will take several months (perhaps up to a year). But keep in mind, he can likely come and refile again at a later date.

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    • #3
      Thanks. Just trying to find out if we can relkieve some of the stress on my daughter. Somehow (she is really a great person) she managed to make dean's list last semester with all this mess going on an the baby only a month old when classes started. But the legal stuff is starting to take its toll.

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