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  1. #1
    Join Date
    Jan 2012
    Location
    New York City
    Posts
    19

    Default Petitions for Custody Filed then Dropped at the Last Minute

    My question involves a child custody case from the State of: New York

    Thank you to all who have replied with help in the past!

    I (mom/respondent) went to court last week for a summons for support modification and today for summons to change visitation.
    Petitioner (dad) did not show for either case and both were dismissed. Good news, but...
    He was convicted and pleaded guilty to domestic violence against me - and this is one way he can get back at me. Summons that make me take time off to sit in court.

    I expect he will file these suits again, next time he is in town. I know he has the right to do so anytime.
    Judges aren't ignorant that the courts can be used as weapons.
    Is there any protection for me from his frivolous lawsuits? Maybe not now - but if he keeps filing and not-showing?
    Or can this go on and on?
    Thanks again.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: 2 Summons - 2 No Shows by Petitioner - How Many Times Can This Happen

    Basically? No.

    He has a legal right to file whatever he wants, whenever he wants.

    You do have the option of requesting that he is made responsible for your costs each and every time he files something frivolous. Sometimes a hit to the wallet does the trick.

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