I re-opened our parent child relationship case after being assaulted by my ex. The Judge denied the temporary restraining order I petitioned for after the assualt and never set a court date to modify parent/child relationship. Checked the case it now states that next month Dismissal for Want of
Prosecution is set . What does this mean and how can I get temp custody since the assualt case is still pending and I fear for my son when he is in her care?
2 Answers from Attorneys
You need to be represented by an attorney. This is not the type of case that usually ends well with self-representation. Although the courts routinely issue DWOP notices for the purpose of docket control, without forward progress and attention to the case, the court has the discretion, after notice of the hearing, to dismiss your case.
If a family law case is filed and not finished, or "prosecuted", then after 1 year, the court will file to dismiss the case entirely. You need to give the court notice that you do not wish to have the case dropped off the docket. Of course, a family law attorney can assist you with this and you should strongly consider getting one to help you with the temporary orders that you certainly need to get.
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