Obtaining orders and information from the court system can be intimidating, but if you follow the proper procedures, it can be accomplished with minimal work and stress. In order to request that the court dismiss your child custody case you must fill out a form asking the court to dismiss the matter and providing sound reasons for terminating the case.
How to File the Child Custody Order for Dismissal Forms
First, contact the civil clerk's office at your local courthouse to determine whether they have a form you can fill out requesting that your custody case be dismissed. Most jurisdictions provide a form so that they get all of the information that they need to properly address the issue. Jurisdiction rules vary by state, but any courthouse in your county or city can direct you to the proper court to obtain the proper forms.
Fill out the form. The clerk's office will want to know why the case should be dismissed, the contact and personal information for all the parties involved and what will happen to the child or children following the dismissal.
File the form with the clerk's office. Be sure to get a copy to serve on the other party, and a copy to keep for your records.
Serve the other party. You can do this by paying a sheriff or another process server to deliver the request to dismiss the case to the other party, or you can deliver it using first-class mail.
Await a decision. The court will either schedule a hearing on the matter or issue an order granting or denying the motion to dismiss.
- Remember to provide the court with information about why the matter should be dismissed. You can have the case dismissed because it is proceeding elsewhere, because you have reached an agreement with the other party or for many other reasons, but it is important the court be aware of the reasons for the dismissal so that it can be satisfied that the dismissal is in the best interest of the children involved.
- Dismissal Information (PDF)
- Pleading Causes of Action; Paul Mark Sandler and James K. Archibald; 1991