Is it possible to dismiss a custody case? 1 Answers as of July 21, 2011My ex filed a motion to establish paternity, custody/visitation, and support. This is a new case. We already established paternity, custody, and support in the same district/county/state. How do I file to dismiss this motion based on the already existing case?
Durgin Law, LLC | Matt Durgin
Sounds like the issue is "moot." You could file your motion to dismiss based on the issues being moot as they have already been decided as well as "collateral estoppel" which is basically a fancy term meaning issue preclusion because the issue has already been decided. However, your spouse (as do you) has the right to file a motion to modify to seek changes such as visitation, custody and support even if s/he made a mistake in the terminology (asking to establish paternity when it has been determined already according to your posting). In other words, you might not be able to dismiss it but you might be able to narrow the issues, e.g. collateral estoppel on the issue of paternity. If one action was filed right after the other in the same court then it was probably the case that the two actions should have been joined together and dealt with by the same judge. If that is the case and all the decisions were recently made then you have a shot of getting it dismissed as described above (unless it is interpreted to actually be a motion to modify).
Answer Applies to: Kansas