Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Grandparent’s Rights

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-05-2009, 06:44 PM
Junior Member
 
Join Date: Sep 2009
Posts: 1

If a case is dismissed, can the grandparents sue again at a later date, and


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

If a case is dismissed, can the grandparents sue again at a later date, and what if a child is born after the dismissal? Can the grandparents sue again since the child born after the dismissal wasn't included in the initial lawsuit?

My husband and I were sued by his parents for visitation with our child. Their petition was dismissed due to "lack of standing" since my husband and I are married and our lawyer explained that intact families are "protected" in Pa.

Since that "protection" didn't keep us from being dragged in to court and paying a lot of money for an attorney the first time, I would like to know if even though their case was dismissed the first time if they can sue again especially since there is soon to be a new child in the equation.

I know I should contact an attorney to ask this, and I will when money allows, but until that happens I was hoping to get an idea of what might come up in the future. My in-laws tried to work around the law the first time so I am afraid they will double their efforts now.

Sorry if I am asking a question that doesn't fit in this forum. When we were sued the first time I found a website that dealt with this sort of thing and had other parents who went through this before, but I can't find the site anymore, so after searching I thought this forum would probably be my best place to ask until I can see an attorney.
  #2  
Old 09-05-2009, 06:57 PM
Senior Member
 
Join Date: Oct 2004
Location: are those flames?!!!
Posts: 3,669
Was their case dismissed WITH prejudice or WITHOUT?
__________________
Please HELP me!!! I have three of THEM!!!!!!
  #3  
Old 09-05-2009, 09:23 PM
BL BL is offline
Senior Member
 
Join Date: Jul 2003
Location: In the good old US of A
Posts: 13,778
It really shouldn't matter if it was dismissed for Lack Of Standing .

If they should file again , file a motion to dismiss as a " frivolous " lawsuit, as it was once for lack of standing ,and if you need to hire an attorney ,request sanctions for it's filing ( that can be imposed both on the party and their attorney ) , including lawyers fees and any other sanctions the court deems fit .

In a frivolous filing Fines can be imposed ( in my State up to $10,000.00 ) for each filing .

That should nip it to the bud .
__________________
By M : be careful and avoid entering any personal information into your reply (or in your "signature" that is included at the bottom of any message you write). Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth).
  #4  
Old 09-05-2009, 09:41 PM
Senior Member
 
Join Date: Nov 2007
Posts: 8,381
and request an order that THEY pay for your attorney's fees.
  #5  
Old 09-06-2009, 04:11 AM
Senior Member
 
Join Date: May 2004
Posts: 41,292
Quote:
Originally Posted by Pa_Mom_2b2 View Post
What is the name of your state (only U.S. law)? Pa

If a case is dismissed, can the grandparents sue again at a later date, and what if a child is born after the dismissal? Can the grandparents sue again since the child born after the dismissal wasn't included in the initial lawsuit?

My husband and I were sued by his parents for visitation with our child. Their petition was dismissed due to "lack of standing" since my husband and I are married and our lawyer explained that intact families are "protected" in Pa.

Since that "protection" didn't keep us from being dragged in to court and paying a lot of money for an attorney the first time, I would like to know if even though their case was dismissed the first time if they can sue again especially since there is soon to be a new child in the equation.

I know I should contact an attorney to ask this, and I will when money allows, but until that happens I was hoping to get an idea of what might come up in the future. My in-laws tried to work around the law the first time so I am afraid they will double their efforts now.

Sorry if I am asking a question that doesn't fit in this forum. When we were sued the first time I found a website that dealt with this sort of thing and had other parents who went through this before, but I can't find the site anymore, so after searching I thought this forum would probably be my best place to ask until I can see an attorney.
Since their case was dismissed due to lack of standing its not very likely that they will try again. After all, they spent money on an attorney too, and are unlikely to want to do it again.

However, if that should happen, follow the advice that you received from the other posters.
__________________
in vino veritas
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:26 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.