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  1. #1
    Join Date
    Sep 2012
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    14

    Default Can You File to Adopt After Dismissing a Prior Petition With Prejudice

    My question involves adoption law for the State of: NC

    (Relative) Adoption completed, then set-aside after 2 months due to no notification of a relative-stranger who is a GP. Adoption put in place on two other ocassions, then best interest hearing. Hearing resulted in "If adoption is allowed, the Court does not find credible that the adopting parents would allow any visitation with (stranger) GP"

    Nearly a year later, at a hearing for different issue, Judge states that the adoption should have been dismissed within the Order resulting from the best interest hearing. It was an "oversite" on the Judge's part. He chose to dismiss with prejudice.

    Question: Does this simply mean that we cannot try later to adopt using the original file case numbers...OR does this mean that we can NEVER file to adopt the children ever, even beginning anew?

    Thanks. Advice welcome

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Adoption Dismissed with Prejudice.can You Ever Re-File

    Dismissed with prejudice means forever.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You File to Adopt After Dismissing a Prior Petition With Prejudice

    Quote Quoting MamaDuck
    View Post
    My question involves adoption law for the State of: NC

    (Relative) Adoption completed, then set-aside after 2 months due to no notification of a relative-stranger who is a GP. Adoption put in place on two other ocassions, then best interest hearing. Hearing resulted in "If adoption is allowed, the Court does not find credible that the adopting parents would allow any visitation with (stranger) GP"

    Nearly a year later, at a hearing for different issue, Judge states that the adoption should have been dismissed within the Order resulting from the best interest hearing. It was an "oversite" on the Judge's part. He chose to dismiss with prejudice.

    Question: Does this simply mean that we cannot try later to adopt using the original file case numbers...OR does this mean that we can NEVER file to adopt the children ever, even beginning anew?

    Thanks. Advice welcome
    It means you can never file to adopt the children ever. However, I don't understand why the court determined that the GP had to be notified in the first place. I did not think that was required in ANY state.

    What did your adoption attorney say about the matter? Were you ever encouraged to appeal? (probably too late for that now).

  4. #4
    Join Date
    Sep 2005
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    Default Re: Can You File to Adopt After Dismissing a Prior Petition With Prejudice

    Going back to this old thread due to a reference to it in a new thread.... I wouldn't assume that the dismissal with prejudice would prevent a new filing, but it would prevent the dismissed petition from being reopened. I would want to look at the court's findings and order, and the procedural history, before making a broader statement.

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