Filing, Paternity, Visitation, Custody, Name Change

[janemc]

Every Thing was File 4/8/09

Ok every thing was filed as on case on 4/17/09. Paternity, Visitation, Custody, Name Change by Mom. husband file Answer on 4/14/09 Acknowledging Paternity and agreeing to everything Filed.

Can the mom go to courthouse tomorrow and ask for it all be dismissed?

If She does can he still petiton for it to be heard?

What if she flees the State?

Mom's husband is still on Birth Certificate.

P.S. I know I'm a third party and this is not my business. Everything was gret until yesterday. Vistation had been happening regularly. Now Mom feels like my husband other ex is causing to much drama and she does want to deal with it.

 

[truebluemd]

Ok every thing was filed as on case on 4/17/09. Paternity, Visitation, Custody, Name Change by Mom. husband file Answer on 4/14/09 Acknowledging Paternity and agreeing to everything Filed.

Can the mom go to courthouse tomorrow and ask for it all be dismissed?

yes, she can, but that doesnt necessarily mean it will get dismissed. In her motion did she explain why another man is on the BC?

If She does can he still petiton for it to be heard?

Yes, but he needs to file a response objecting to her request for dismissal immediately after she files it with the court. If she requests a dismissal, she is supposed to send other party a copy of the request.

What if she flees the State?

It will be a challenge to get a court to make her return because your hubby has not been legally established as the father, and, someone else is on the BC. But, IMO, nothing is impossible either.

Mom's husband is still on Birth Certificate.

Thats the problem

P.S. I know I'm a third party and this is not my business. Everything was gret until yesterday. Vistation had been happening regularly. Now Mom feels like my husband other ex is causing to much drama and she does want to deal with it.

Whats the deal with "other ex" and why is there an "other ex" in the picture. Does he have another kid by another woman?

 

[janemc]

Yes, There is another child from another affair. I know he is an A** for Cheating. Both of the other women continually pick at each other.

We have been together 20 yrs only married 2.

He plans to take this all the way to court and establish paternity and get regular visitation, because it is the right thing to do. But they have been back and forth for 2 yrs, to come to a mutual agreement. They were almost ready to file in Court in September and the mom refused to continue then. He spoke to an attorney and was told if the mom and her husband where in agreement that husband was father, there was nothing he could do.

The Affidavit File with the petition state he is the father and there is a notarized Affidavit from her husband denying paternity. She also file the propsed Custody and Visitation schedule w/ a notarized affidavit to allow visitaion prior to a judge hearing case. Hearing is set for June. Answer has been filed by husband acknowledging Paternity and is in agreement with proposed scheduled Visitation and Custody.

He has been exercising visitation regularly for last 6 weeks.

Sorry I know this is not an emotional support group and I'm a 3rd party.

i will follow up if she files for dismissal this morning.

 

[truebluemd]

Yes, There is another child from another affair. I know he is an A** for Cheating. Both of the other women continually pick at each other.

We have been together 20 yrs only married 2.

He plans to take this all the way to court and establish paternity and get regular visitation, because it is the right thing to do. But they have been back and forth for 2 yrs, to come to a mutual agreement. They were almost ready to file in Court in September and the mom refused to continue then. He spoke to an attorney and was told if the mom and her husband where in agreement that husband was father, there was nothing he could do.

The Affidavit File with the petition state he is the father and there is a notarized Affidavit from her husband denying paternity. She also file the propsed Custody and Visitation schedule w/ a notarized affidavit to allow visitaion prior to a judge hearing case. Hearing is set for June. Answer has been filed by husband acknowledging Paternity and is in agreement with proposed scheduled Visitation and Custody.

He has been exercising visitation regularly for last 6 weeks.

Sorry I know this is not an emotional support group and I'm a 3rd party.

i will follow up if she files for dismissal this morning.

Your right this not about emotional support, or his cheating. If there are signed affidavits from mom and her husband denying her husbands paternity, then he has a leg to move forward with the case even if she requests dismissal.

If she hasnt flown the coop yet then dont worry about it now. if the motions and answers have been filed, then just wait the court to send dad his court date. Some courts, like mine, wont budge until an affidavit of service has been received. He just needs to know if they need that to move forward, but probably not.

 

[janemc]

They have a set date for Status hearing in June. So I'll wait and see.

 

[truebluemd]

They have a set date for Status hearing in June. So I'll wait and see.

Check the case file every two weeks to see if mom has submitted anything new. I just say that cause when we were pro se my ex kept sending stuff to court without sending me copies.

 

[janemc]

I Check online every afternoon or at lest a few times a week. Old habit Left over from Grandparent Visitation case. never getting blindsided again.

 

[truebluemd]

I Check online every afternoon or at lest a few times a week. Old habit Left over from Grandparent Visitation case. never getting blindsided again.

you can check online? what county. Only way I can check is to physically go to courthouse or call.

 

[CJane]

Is MD a crazy state and it's impossible to just file a stipulated agreement?

Why can't Dad/Mom put together a parenting plan/paternity stuff/etc and file it w/the court and simply await judge's signature? Why do they have to have a hearing at all? Why does this have to drag out?

 

[truebluemd]

Is MD a crazy state and it's impossible to just file a stipulated agreement?

Why can't Dad/Mom put together a parenting plan/paternity stuff/etc and file it w/the court and simply await judge's signature? Why do they have to have a hearing at all? Why does this have to drag out?

this particular case is complicated in that moms husband (stepdad) is on the BC. Dad(OPs husbance) needs to be legally established as the father before they move foward with any custody agreements. None of the parties have had a hearing yet

 

[CJane]

this particular case is complicated in that moms husband (stepdad) is on the BC. Dad(OPs husbance) needs to be legally established as the father before they move foward with any custody agreements. None of the parties have had a hearing yet

And I'm not understanding why a hearing is necessary.

It's not THAT complicated. Yes, current husband is on BC, but he admits he's not the father. So this is still an agreement between the parties... Mom, Bio-Dad and Legal-Dad.

I'd still like to know why a stipulated agreement isn't possible.

 

[janemc]

Maryland Judiciary Case Search

Judiciary Case Search for Maryland. Circuit and District Court for all counties. Some are alot slower to post then others.

 

[janemc]

Is MD a crazy state and it's impossible to just file a stipulated agreement?

Why can't Dad/Mom put together a parenting plan/paternity stuff/etc and file it w/the court and simply await judge's signature? Why do they have to have a hearing at all? Why does this have to drag out?

I'm not sure how crazy Maryland it is compared to other states. But all the intial paper work was signed by all parties and the Anser was that father agreed to everything.

Question is Mother now wants to Back out after filing and dismiss case. Father Doesn't want it dismissed. After reading Civil Procedure It looks like he would have to agree with dismissal and can petion for case to still be heard.

 

[janemc]

Update

Thought things where moving along fine, court in 2 weeks. Spoke with Mom about typing final order and what she wanted included on Tuesday. Mom filed to motion dismiss case Wed. 5/20/09.

As soon as Husband has a copy if motion to dismiss i'll update, since I'm not sure what it says.

Don't know where this came from everything was fine Saturday and Monday when I spoke to Mom. Heck I spend 3 hours with her on Saturday so the kids could play.

Main concern is her stating now that he is not the father, since husband is on birth certificate. All 3 parties filed Affidavits stating My husband was father as well as my husband acknowledged paternity in is answer to the initial pleading. Do you think she will be able to dismiss at this point on those grounds.

**I know I'm third party.**

 

[janemc]

Updated

Husband went to Courthouse and go a copy of the Motion to Dismiss. He was not sent a Copy by Mom. she typed a letter One sentence. I file motion to dismiss in above case 5/20/09.

The Motion to Dismiss has no legal reason. Just Mom feels he is not interested enough. And that she wishes she hadn't filed because there is a general air of conflict, choas, ad she feels she made a mistake by filing.

He is going to file a response asking motion be denied.

They have a status hearing on June 5th. A week and a half ago theu were both in agreement to file a Final Order with their stipulated agreement and be done.