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I’m summoned 3 years for an Article 5 Paternity (IV-D) hearing- Assignor never comes(CSS does). Can I get it dismissed?

Q: I’ve been getting brought into court for 3 years and have not been able to establish paternity and the parent of this child has been physically avoiding contact with me on and off for that long, disappearing for 5-7 months at a time. I was not allowed to sign the birth certificate. I have not seen this child in over 2 years and have only been around on a few occasions, and only to be asked for money. I’m only ever reached out to on social media to be asked for money. When I refuse, I am ghosted again. The mother of this child has not made one court appearance in the last three years while I have made every one, to have it dismissed without prejudice. The Judge that I previously had looked me in the eye and said that she would dismiss it with prejudice if she did not make the next date, but due to corona and whatever else, I have an entirely different judge after having the same judge for 3 years. Is there any law anywhere that I can use as substantial grounds for a dismissal with prejudice as I have changed location and time zone, am soon to not have that mailing address any longer, and am seeking to move on with my life? Thank you.

A: If it’s your case, you can always withdraw it. If it’s her case (via DSS), then they can eventually sanction her for failing to cooperate. That said, it’s very unlikely a case like that will be dismissed “with prejudice.” Schedule a consult with a Bronx paternity/Child Support Attorney for a full assessment.

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