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AvalonR · Feb 11, 2012, 07:30 AM

I am the petitioner. I filed the case in July 2011 and moved shortly after. There has been no significant progress on the case and I would like to close the case in Utah but the info I have seen on the Utah.gov site looks like only the respondent can file a motion to dismiss. What can I do?

ScottGem · Feb 11, 2012, 07:41 AM

What is a parentage case? Do you mean a paternity action?

Yes only a respondent can move to dismiss, but the petitioner can move to drop the case. Or you can just let it die.

Fr_Chuck · Feb 11, 2012, 07:44 AM

Of course it would be to the defendants interest not to allow it to be moved, since once filed there, if he continues with the case, you will be required to do all child custody and support action though that state as long as he lives in that state.

If you really want it dropped it may be in your best interest to hire an attorney at this point

AK lawyer · Feb 11, 2012, 01:00 PM

Originally Posted by Fr_Chuck

Of course it would be to the defendants interest not to allow it to be moved, ...

I don't see anything in OP's post about moving the case. Presumably he/she filed it in Utah and now wants to dismiss it. Which, of course, shouldn't be a problem.

AvalonR · Feb 13, 2012, 09:25 AM

Neither petitioner or respondent live in the state of Utah. He lives in TX and I live in WI. Should I just mail the judge/commissioner requesting the case be dismissed or should I file a motion to dismiss plus the Statement Supporting the Motion and the Memorandum Supporting the Motion?

ScottGem · Feb 13, 2012, 10:30 AM

Contact the court clerk and ask that the case be dropped (not dismissed) since both parties are no longer in the jurisdiction of the court.

AK lawyer · Feb 13, 2012, 08:53 PM

Originally Posted by ScottGem

Contact the court clerk and ask that the case be dropped (not dismissed) since both parties are no longer in the jurisdiction of the court.

"Dropped" or dismissed: either would be essentially the same thing. And I don't know if the clerk can do that. So I would file the motion and see what happens. Or study up on the civil rules for that jurisdiction.

ScottGem · Feb 14, 2012, 04:08 AM

But the clerk can explain how to do it. And I don't think dropped and dismissed are the same. I believe a dismissal requires an action from the court. A drop may not.

Its up to the rules of that jurisdiction.