Scarsdale, NY asked in Family Law, Child Custody and Child Support for New York

Q: If I filled a petition for full custody and will like to dissmiss it, what are my steps to do so? Or I just don’t show

To court date?

2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: You can appear on the court date you received and tell the judge that you want to withdraw the petition. You can also send in a form (found on the court website) or a letter withdrawing your petition.

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: If you've filed a petition for full custody in New York and wish to dismiss it, you should file a voluntary discontinuance form with the court where you filed the original petition. It's important to do this before the court date. Simply not showing up to your court date is not advisable as it could lead to a default judgment against you.

You should also inform the other party of your intention to dismiss the case. Depending on the specific court, you may be able to do this through the court's e-filing system or you may need to do it in person or via mail. It's always best to check with the court clerk for the exact procedure in your jurisdiction. Once the discontinuance is filed and processed, the case will be dismissed without prejudice, meaning you could re-file in the future if necessary.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.