What happens to a temporary custody order if you never go back to court for the original child custody case?
I have a 50/50 temporary custody agreement. The court just issued a review of the original custody case filing, which has been inactive, and mentioned something about dismissing the case unless we show movement on it.
What happens to the temporary custody order if the judge dismisses the original case filing?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Kentucky divorce laws where I am licensed to practice.
It appears from the information presented that the court issued a Sua Sponte Order for you to show cause why the case should not be dismissed.
If the entire action is dismissed, then the orders stemming from that action would also be dismissed and would no longer be in effect.
Therefore, if the court ordered a parenting time schedule and dismisses the case, then that order would no longer be in effect. However, you would remain a joint custodian as an operation of law.
If you wish to keep the case open and move it forward, you may want to consider filing an affidavit with the court indicating that the case needs to remain active and simultaneously file a motion for the court to hold a status conference/case management conference.
Related Article:Preparing For A Temporary Orders Hearing
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.