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    Goldennov22's Avatar
    Goldennov22 Posts: 1, Reputation: 1
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    #1

    Sep 22, 2011, 12:25 PM
    How do I dismiss a family Court Case
    I reside in the state of California and Alameda County. I filed a petition for sole and physical of my daughter. I no longer want to continue with the case. How do I drop the case and what forms do I need to file in order to do so? Also in order to drop the case do the other party have to agree to it or can I drop without his consent? In terms of how far we have gotten in the case - the judge ordered me full sole/physical custody and then ordered us to mediation to determine visitation. We have not went to mediation yet.

    Thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 22, 2011, 04:16 PM
    Go to the court and ask how you withdraw the case. You shouldn't need the other party's consent, but that doesn't mean he can't file on his own.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 22, 2011, 04:33 PM
    I am not sure Scott, it seems the case was already ruled on, They won "full physcial custody"
    Only the terms of the visitation is not agreed to,

    But if the judged ruled in the case, then it is over as for as that part of it, and ruled on.

    If that is the case, the other party will have to refile to modify the order the judge has already agreed to.

    May I ask why, if you wanted it, went to court and fought for it, why now, when it comes to allowing visits do you wish to drop it and let the other side have custody ?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Sep 22, 2011, 05:49 PM
    In the courthouse they have a family law facilitators office. They opperate part time and you can get free help there.

    What action was filed to get the custody started? Is this a result of a restraining order?
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