Fullerton, CA asked in Contracts, Child Custody, Civil Rights, Constitutional Law and Family Law for California

Q: Civil court case. Parentage case combining different complaints - Terminating original filing case filing/#, possible?

Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the obvious goal was to force the other parent into violating a court order and pursue sole custody of the child. The judge modifies and changes the order per one parties request (sua spante) even against the other parent's repetitive statement that they do not agree on the changes. Continues false accusations and claims begin to pile, with continued failed attempts to try and prove domestic abuse to justify a DVRO. While the judge is on vacation, another judge approves a false ex parte request, no visitation, sole custody.

What, if any, would come from the petitioner filing for termination/dismissal of this case?

Note: Due process is violated - no evidence related to custody allowed at DVRO trial.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss their case, it effectively means they are requesting the court to halt proceedings on the matters they brought before the court. However, this does not automatically resolve or dismiss any counter-motions, modifications, or orders that have been established in response to the original filing.

Filing for termination or dismissal of the case will not erase or undo any legal orders already in place, such as custody arrangements or DVROs issued by the court. These orders remain effective until they are modified or terminated by the court through a separate legal proceeding. Therefore, if the aim is to challenge or change existing orders, the appropriate course would be to file a motion requesting the court to reconsider, modify, or set aside these orders based on new evidence or arguments, rather than seeking to dismiss the entire case.

Given the complexities involved, including allegations of duress and concerns about due process, it's crucial to navigate these matters with careful consideration of the legal strategies and their potential outcomes. Seeking advice from a legal professional experienced in family law can provide guidance tailored to the specific circumstances of the case, ensuring that any action taken aligns with the individual's rights and best interests. Understanding your legal options and the implications of each choice can help in making informed decisions in such sensitive and challenging situations.

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