motion to dissmiss bio parents petition?

[uhaulkid]

What is the name of your state (only U.S. law)? Florida
I hope i am posting in the right section. short version long story. we had a child placed with us dcf removel. they parents were tpred last year july. mom came in months later to a hearing asked can i appel, judge said nope times up and even if not you didnt apply as you no sowed which isnt appelable and she was oreder to leave courtroom as hearings after tpr are closed. we adopted dec 11,2012. last month bio mom filed a petition to establish parenty and time sharing on us. it was crazy, she listed her as mom, my wife and i both as dad....in short those were all reasons to dismiss but i dont want her to refile. so i answered her petition with a motion to dismiss with prejudas based on she has no standing or legal rights or basis for her petition. the judge agreed and set it for hearing. i belive he knows of this case as it was a big one in my courthouse and he is going to undoubltly side with us but i want to make sure i state my case right, the motion to dismiss with prejudas. its facts, she was tpred, and he was adopted both per fl stat 39 and 63. and thats grounds for dismiss but i want to argue the point in court right, the right way, start here end here, etc etc..any pointers or places i can get templates etc etc...the ja will write the order not me since were pro se if he rulkes in our favor or god forbid hers so we dont write anything but i know im right and he wanted it set also bewfore he heres her petition and i want to do it proper, any takers on help...how to start, how to state facts, when to state facts alws etc etc...its 15 miniute hearing we both get 7.5 thats it. i know there gonna try to slander me and he wont here it, i know the basics i spent lots time in courtrooms as a leo so them taking bad is only gonna get stopped and make him just rule i think but i just wanna make sure i make my case for the dismissel so this dont happen again..thanks...

 

[Antigone*]

What is the name of your state (only U.S. law)? Florida
I hope i am posting in the right section. short version long story. we had a child placed with us dcf removel. they parents were tpred last year july. mom came in months later to a hearing asked can i appel, judge said nope times up and even if not you didnt apply as you no sowed which isnt appelable and she was oreder to leave courtroom as hearings after tpr are closed. we adopted dec 11,2012. last month bio mom filed a petition to establish parenty and time sharing on us. it was crazy, she listed her as mom, my wife and i both as dad....in short those were all reasons to dismiss but i dont want her to refile. so i answered her petition with a motion to dismiss with prejudas based on she has no standing or legal rights or basis for her petition. the judge agreed and set it for hearing. i belive he knows of this case as it was a big one in my courthouse and he is going to undoubltly side with us but i want to make sure i state my case right, the motion to dismiss with prejudas. its facts, she was tpred, and he was adopted both per fl stat 39 and 63. and thats grounds for dismiss but i want to argue the point in court right, the right way, start here end here, etc etc..any pointers or places i can get templates etc etc...the ja will write the order not me since were pro se if he rulkes in our favor or god forbid hers so we dont write anything but i know im right and he wanted it set also bewfore he heres her petition and i want to do it proper, any takers on help...how to start, how to state facts, when to state facts alws etc etc...its 15 miniute hearing we both get 7.5 thats it. i know there gonna try to slander me and he wont here it, i know the basics i spent lots time in courtrooms as a leo so them taking bad is only gonna get stopped and make him just rule i think but i just wanna make sure i make my case for the dismissel so this dont happen again..thanks...

It was very difficult to read, however, I'd recommend that you use the services of a family law attorney. Losing a case like this one because you failed to understand procedure and the law would be devasting to you and the children. I'm sure they've been through enough already.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida
I hope i am posting in the right section. short version long story. we had a child placed with us dcf removel. they parents were tpred last year july. mom came in months later to a hearing asked can i appel, judge said nope times up and even if not you didnt apply as you no sowed which isnt appelable and she was oreder to leave courtroom as hearings after tpr are closed. we adopted dec 11,2012. last month bio mom filed a petition to establish parenty and time sharing on us. it was crazy, she listed her as mom, my wife and i both as dad....in short those were all reasons to dismiss but i dont want her to refile. so i answered her petition with a motion to dismiss with prejudas based on she has no standing or legal rights or basis for her petition. the judge agreed and set it for hearing. i belive he knows of this case as it was a big one in my courthouse and he is going to undoubltly side with us but i want to make sure i state my case right, the motion to dismiss with prejudas. its facts, she was tpred, and he was adopted both per fl stat 39 and 63. and thats grounds for dismiss but i want to argue the point in court right, the right way, start here end here, etc etc..any pointers or places i can get templates etc etc...the ja will write the order not me since were pro se if he rulkes in our favor or god forbid hers so we dont write anything but i know im right and he wanted it set also bewfore he heres her petition and i want to do it proper, any takers on help...how to start, how to state facts, when to state facts alws etc etc...its 15 miniute hearing we both get 7.5 thats it. i know there gonna try to slander me and he wont here it, i know the basics i spent lots time in courtrooms as a leo so them taking bad is only gonna get stopped and make him just rule i think but i just wanna make sure i make my case for the dismissel so this dont happen again..thanks...

I really think that an attorney would be better able to get this permanently stopped for you.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida
I hope i am posting in the right section. short version long story. we had a child placed with us dcf removel. they parents were tpred last year july. mom came in months later to a hearing asked can i appel, judge said nope times up and even if not you didnt apply as you no sowed which isnt appelable and she was oreder to leave courtroom as hearings after tpr are closed. we adopted dec 11,2012. last month bio mom filed a petition to establish parenty and time sharing on us. it was crazy, she listed her as mom, my wife and i both as dad....in short those were all reasons to dismiss but i dont want her to refile. so i answered her petition with a motion to dismiss with prejudas based on she has no standing or legal rights or basis for her petition. the judge agreed and set it for hearing. i belive he knows of this case as it was a big one in my courthouse and he is going to undoubltly side with us but i want to make sure i state my case right, the motion to dismiss with prejudas. its facts, she was tpred, and he was adopted both per fl stat 39 and 63. and thats grounds for dismiss but i want to argue the point in court right, the right way, start here end here, etc etc..any pointers or places i can get templates etc etc...the ja will write the order not me since were pro se if he rulkes in our favor or god forbid hers so we dont write anything but i know im right and he wanted it set also bewfore he heres her petition and i want to do it proper, any takers on help...how to start, how to state facts, when to state facts alws etc etc...its 15 miniute hearing we both get 7.5 thats it. i know there gonna try to slander me and he wont here it, i know the basics i spent lots time in courtrooms as a leo so them taking bad is only gonna get stopped and make him just rule i think but i just wanna make sure i make my case for the dismissel so this dont happen again..thanks...

Based on your communication skills, you need counsel.

 

[stealth2]

Reading the original post? Made me feel sorry for the kid.

 

[LdiJ]

Reading the original post? Made me feel sorry for the kid.

The OP could have been on a phone...I have a lot of trouble typing coherently on those...which is why I almost never do it.

 

[uhaulkid]

The OP could have been on a phone...I have a lot of trouble typing coherently on those...which is why I almost never do it.

it was done on a phone and i have three broken fingers...also there is NOTHING to loose, this isnt win or loose to those who dont understand what it is....She has no leg legally to stand on to file this, there is no presidence for this. the tpr was done within chap 39 the adoption was done within 63 and thats it. he cant allow her to see him and he wont. again nothing to loose, other then with or without prejudase, thatys all...if he does with then were done, without means she can file again and thats it, even then shell get nothing at all..im not worried about loosing just some input on facts first then stats second...i was loe for 11 years so the court system is a cake walk just wondeirng whove done this pro se the fileing thats all...my typing and speeling has nothing to do with needing councel...sorry to say...but thanks

 

[Antigone*]

it was done on a phone and i have three broken fingers...also there is NOTHING to loose, this isnt win or loose to those who dont understand what it is....She has no leg legally to stand on to file this, there is no presidence for this. the tpr was done within chap 39 the adoption was done within 63 and thats it. he cant allow her to see him and he wont. again nothing to loose, other then with or without prejudase, thatys all...if he does with then were done, without means she can file again and thats it, even then shell get nothing at all..im not worried about loosing just some input on facts first then stats second...i was loe for 11 years so the court system is a cake walk just wondeirng whove done this pro se the fileing thats all...my typing and speeling has nothing to do with needing councel...sorry to say...but thanks

If you had nothing to loose(sic) you wouldn't be here.


The word is lose...

 

[Silverplum]

The advisors are trying to help you, not to be rude.

Court filings and oral presentations must be clear and concise. We are not seeing those qualities in your posts.

Get an attorney.

 

[uhaulkid]

If you had nothing to loose(sic) you wouldn't be here.


The word is lose...

I'll rephrase then, I want dismissed WITH prejudice, not WITHOUT. There is NOTHING that will effect the kids here. There is nothing that will change custody, visitation, nothing at all. I am not concerned with that at ALL! My concern is getting him to rule "WITH PREJUDICE'" there for she can not file again after going home and changing the wording of her petition, thats all. There is NO LEGAL basis for her petition, hence the motion DISMISSS "WITH PREJUDICE," and there is no legal grounds for an appel, hence the motion dismisss "with prejudice." I just wanted to hear from someone who HAS been through a dismissal like this, with or without, how they set the grounds, thats all. I have been in a courtroom for many many many of my years as LEO so it's nothing new by any means. I know I have at the LEAST "WITHOUT" in the bag but hoping for "WITH", thats all folks. No need to bash for spelling or typing even more so if you obviously no experience with this type of motion. I was just asking for friendly personal PRO SE experiance, I guess venting and bashing is more important, thanks anyway.

 

[tranquility]

I'll rephrase then, I want dismissed WITH prejudice, not WITHOUT. There is NOTHING that will effect the kids here. There is nothing that will change custody, visitation, nothing at all. I am not concerned with that at ALL! My concern is getting him to rule "WITH PREJUDICE'" there for she can not file again after going home and changing the wording of her petition, thats all. There is NO LEGAL basis for her petition, hence the motion DISMISSS "WITH PREJUDICE," and there is no legal grounds for an appel, hence the motion dismisss "with prejudice." I just wanted to hear from someone who HAS been through a dismissal like this, with or without, how they set the grounds, thats all. I have been in a courtroom for many many many of my years as LEO so it's nothing new by any means. I know I have at the LEAST "WITHOUT" in the bag but hoping for "WITH", thats all folks. No need to bash for spelling or typing even more so if you obviously no experience with this type of motion. I was just asking for friendly personal PRO SE experiance, I guess venting and bashing is more important, thanks anyway.

You cannot demand a court will dismiss with prejudice, you can only ask. That you believe there is no legal basis for a birth parents' petition for...well, whatever they want, shows you are too closely involved with this. Now, you may be able to win. I have no idea of the facts. You can't just say a biological parent has no rights in today's world. The courts are becoming more twitchy on the subject and, if they are represented by an attorney, this is not going to be frivolous. There is most probably going to be some basis under current law or on where the law should be.

I suggest an attorney as you have not been entirely clear of any facts and have been conclusory all the way through. This, unless the petition is truly frivolous, is going to buy you some grief if you go it alone.

But,
Motion for dismissal with prejudice. Give the FACTS why more than the law. (Google for florida motion to dismiss with prejudice and find the ones that fit your facts best for a template.)
If you win, ask for sanctions.
If you win, think of a counter suit for malicious prosecution.

 

[Silverplum]

I'll rephrase then, I want dismissed WITH prejudice, not WITHOUT. There is NOTHING that will effect the kids here. There is nothing that will change custody, visitation, nothing at all. I am not concerned with that at ALL! My concern is getting him to rule "WITH PREJUDICE'" there for she can not file again after going home and changing the wording of her petition, thats all. There is NO LEGAL basis for her petition, hence the motion DISMISSS "WITH PREJUDICE," and there is no legal grounds for an appel, hence the motion dismisss "with prejudice." I just wanted to hear from someone who HAS been through a dismissal like this, with or without, how they set the grounds, thats all. I have been in a courtroom for many many many of my years as LEO so it's nothing new by any means. I know I have at the LEAST "WITHOUT" in the bag but hoping for "WITH", thats all folks. No need to bash for spelling or typing even more so if you obviously no experience with this type of motion. I was just asking for friendly personal PRO SE experiance, I guess venting and bashing is more important, thanks anyway.

I guess venting (by you) and "bashing" (by you) is more important than getting the help you (so obviously) need.

Tell it to the judge, leo.

 

[single317dad]

I'll rephrase then, I want dismissed WITH prejudice, not WITHOUT. There is NOTHING that will effect the kids here. There is nothing that will change custody, visitation, nothing at all. I am not concerned with that at ALL! My concern is getting him to rule "WITH PREJUDICE'" there for she can not file again after going home and changing the wording of her petition, thats all. There is NO LEGAL basis for her petition, hence the motion DISMISSS "WITH PREJUDICE," and there is no legal grounds for an appel, hence the motion dismisss "with prejudice." I just wanted to hear from someone who HAS been through a dismissal like this, with or without, how they set the grounds, thats all. I have been in a courtroom for many many many of my years as LEO so it's nothing new by any means. I know I have at the LEAST "WITHOUT" in the bag but hoping for "WITH", thats all folks. No need to bash for spelling or typing even more so if you obviously no experience with this type of motion. I was just asking for friendly personal PRO SE experiance, I guess venting and bashing is more important, thanks anyway.

Getting a case dismissed (with or without prejudice) won't stop people from filing lawsuits against you. It would give you grounds to have future cases more easily dismissed, and possibly other sanctions or award of attorney fees, but there is no such thing as being banned from the court.

An acquaintance of mine got a debt case dismissed with prejudice after proving to the court that the amount was paid in full. The next debt buyer in line then sued him, and the acquaintance won not only quick dismissal and attorney fees, but relief of $1000 under the FDCPA. You'd think that would be enough to make his point, but two years later he was sued again on the same account by another debt buyer. You can't stop them; you can only make them pay the fare when they won't stop.