Dismissed w/ Prejudice

[ConfusednNYC]

What is the name of your state (only U.S. law)? NY

I am Dad. I have custody, have had it for 9 yrs. Daughter is 10. Mom has petitioned for visitation over 25 times. Mom doesn't show to visits. Visits are then cancelled. Mom takes me back to court and cycle starts all over. Mom suffers (or suffered) from bipolar disorder and last go around with visits, she didn't show bc she was relapsing into a down spout. Even though medical reasons caused her not to show, last time Mom took me to court for visitation, Judge dismissed the case with prejudice, cancelled the standing supervised visitation order and stated contact btw Mom and child would be through letters only. (Mom wasn't didn't show @ the hearing but I'm think the social worker informed Mom of proceedings.)

Just got a letter...I've been ordered to show for a hearing on custody/visitation.

What exactly does - dismissed with prejudice - mean in my case? I thought I wouldn't be getting these anymore. Is it bc she's going for some type of custody thing as opposed to just visitation making it not identical to the case that was dismissed?

 

[LdiJ]

What is the name of your state (only U.S. law)? NY

I am Dad. I have custody, have had it for 9 yrs. Daughter is 10. Mom has petitioned for visitation over 25 times. Mom doesn't show to visits. Visits are then cancelled. Mom takes me back to court and cycle starts all over. Mom suffers (or suffered) from bipolar disorder and last go around with visits, she didn't show bc she was relapsing into a down spout. Even though medical reasons caused her not to show, last time Mom took me to court for visitation, Judge dismissed the case with prejudice, cancelled the standing supervised visitation order and stated contact btw Mom and child would be through letters only. (Mom wasn't didn't show @ the hearing but I'm think the social worker informed Mom of proceedings.)

Just got a letter...I've been ordered to show for a hearing on custody/visitation.

What exactly does - dismissed with prejudice - mean in my case? I thought I wouldn't be getting these anymore. Is it bc she's going for some type of custody thing as opposed to just visitation making it not identical to the case that was dismissed?

I would get a consult with a local attorney. I am not sure how a judge could dismiss a case for custody or visitation, when both the litigants are parents, "with prejudice". Unless a parent's rights are terminated, a parent has constitutional rights.

 

[Isis1]

The motion that was being heard was dismissed with prejudice. She can still file motions for modifications in the future.

 

[liandrajade]

The motion that was being heard was dismissed with prejudice. She can still file motions for modifications in the future.

In NY, when a petition is "dismissed with prejudice", it means the Judge felt not only did the petition lack sufficient factual or legal legitimacy, it was also dismissed against the person who filed it with prejudice, in that the case was dismissed for good cause and the person cannot bring another petition for the same reason.

If the person tries again, it MUST be under different reasons.

Now it sounds like that she may have filed another petition. When did that order you say was dismissed with prejudiced occur? What does the paperwork you receive say?

 

[Isis1]

In NY, when a petition is "dismissed with prejudice", it means the Judge felt not only did the petition lack sufficient factual or legal legitimacy, it was also dismissed against the person who filed it with prejudice, in that the case was dismissed for good cause and the person cannot bring another petition for the same reason.

If the person tries again, it MUST be under different reasons.

Lost here! But the custody case isn't dismissed, right?

 

[ConfusednNYC]

Thank you all very much for your answers. Greatly appreciated.

 

[liandrajade]

Lost here! But the custody case isn't dismissed, right?

Sounds like the last time they were at court, the judge dismissed it with prejudice, they can do that anytime, especially if the petitioner doesn't show up.

Now Mom filed again with different reasons and dad just got served again with NEW paperwork for visitation. So as long as she didn't file with the same reason as last time, she legally can file again and again. Short of the judge tossing her in jail for such blatant wastes of court time, she may continue doing it. My child's GP filed THREE petitions in the space of 6 months, so yes the NY family courts are funny like that.

 

[mistoffolees]

Lost here! But the custody case isn't dismissed, right?

Probably not, but I'd hesitate to say so without knowing the exact wording of the dismissal and what case number it was referring to.

As always, when looking at a legal document that you don't understand, SEE AN ATTORNEY.