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    EVE310's Avatar
    EVE310 Posts: 2, Reputation: 1
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    #1

    Jun 21, 2011, 02:55 PM
    Child custody case dismissal,
    My question is I had opened a child custody case in a different county a week before mediation I mailed a request for my case to be dismissed. I called the judges clerk yesterday and she stated the case is still open because me living 200 miles away is not sufficient information for the case to be dismissed. I opened a case in the county where I'm living at now. My question is what can I do I'm not going to attending the hearings at the other county I don't have any type of transportation.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jun 21, 2011, 03:17 PM

    Your going to have to accept the default judgement if you choose not to show up. Why would you start it then move? Are you the custodial parent at this time?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 21, 2011, 03:22 PM

    Where does the child live? Where does the other parent live, still in the same county?

    ANY question on law needs to include your general locale as laws vary by area.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Jun 22, 2011, 06:52 AM
    Quote Originally Posted by EVE310 View Post
    My question is I had opened a child custody case in a different county a week before mediation I mailed a request for my case to be dismissed. I called the judges clerk yesterday and she stated the case is still open because me living 200 miles away is not sufficient information for the case to be dismissed. I opened a case in the county where I'm living at now. My question is what can I do I'm not going to attending the hearings at the other county I don't have any type of transportation.
    You should have filed for a change of venue, not for a dismissal. The clerk was correct - you don't have sufficient grounds for your request to be granted. You've now dually complicated things by filing a new case rather than requesting that the original case be transferred.

    Why did you wait until a week before mediation to file anything? Surely you were aware of the hearing long before that and knew how far you lived and what your situation was regarding transportation.

    Does the other parent still reside in the original county that the case was filed in? If so, odds are they'll leave it in that county. However, if neither party resides in that county they will most likely grant a venue change.

    You need to appear at the hearing(s) - otherwise, as califdad stated, you will have to live with a default judgment, which means whatever the other parent requests will most likely be granted to them because you failed to appear and contest it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jun 22, 2011, 06:56 AM
    Quote Originally Posted by EVE310 View Post
    ... My question is what can I do I'm not going to attending the hearings at the other county I don't have any type of transportation.
    Ask the judge's clerk you spoke with earlier if it would be possible for you to attend by telephone.
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