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
Answered
  • 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
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Answered
  • 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.

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