Can You Drop a Custody Case? – How and when You Can

Can you drop a custody case? This is an important question. There may come a time when one party simply cannot handle the stress of continuing with legal proceedings any longer.

There are many reasons why someone might want to drop their custody case, but you need to follow some legal processes with the help of a custody attorney. In the following paragraphs, I will discuss how you can do this easily.

Can You Drop a Custody Case

Can You Drop a Custody Case?

The answer is YES. You can drop your petition. But, for the betterment of both parties and your child, it is better to write and submit to the court a written agreement on what terms and why both are agreeing on a nonsuits solution.

Submission of a written statement will help you later if you need to re-file it. A court mediator can assist you with the whole process. They know better how to drop a family court case.

This document must then be filed at court and other documents about the suit’s dismissal. If the case is not decided yet, then the court will welcome the decision of both parties to reduce the litigation number.

Will I face any penalty if drop the custody case?

No, there is no penalty if you voluntarily withdraw a petition for child custody. You have the right to withdraw your plea before it is finalized. If you don’t withdraw the case and a judge grants custody or visitation rights against you, then yes, there could be penalties that law enforcement officers enforce if they deem necessary.

Can I re-file my child custody petition?

You can re-file your child custody petition. But, if only you wrote clearly that your first voluntarily dismissal was “without prejudice.” So, get help from an expert lawyer while writing the written agreement to drop your first petition.

And be ready for the long process all over again. The judge may not rule in your favor due to a lack of evidence or change in circumstances since re-filing. Even you can file to make a temporary custody order permanent.

How do I get my ex to agree to drop the custody case?

One way to get your ex to agree is by writing a written agreement stating why you voluntarily dismiss the case. You can also list some consequences if they do not withdraw their petition, such as the possible huge cost of lawsuits and other fees, wasting of time, etc.

Another option would be for both parties and their lawyers to write up an agreed-upon statement in which each party agrees to drop all custody cases related to this separation.

It may take more than one try before coming up with something mutually acceptable, but it’s worth trying because it helps avoid future disputes about when (and whether) to file new petitions later down the line.

The third way is getting help from family members who have been close enough with both parties to help them come up with an agreed-upon statement.

Asking for a favor may not sound like the best idea, but it’s worth it if it saves you from more time and money spent on legal fees in this life-altering decision.

How can I make sure that my children are safe in this situation?

That depends on how both of you agreed and how much your ex is loyal to obey the terms of that agreement. For that, we suggest consulting an expert relevant lawyer who knows exactly how to withdraw a case from family court without facing further problems.

Try to communicate more frequently with your ex to improve your child. A communication gap may create different problems. Such as, your ex may teach your child to alienate you.

So you have to be careful about that. And finally, your door is open to re-file the petition. You can re-file the case if you notice any safety issues with your child from your ex.

Why would someone want to drop their custody case?

The answer is straightforward. To save money and time. If both parties can mutually agree to maintain their child custody, it wastes time and money with all the hassles of litigation processes.

When parents can come together, usually there’s a more peaceful way for them to work out any differences they have between themselves without involving outside forces such as attorneys or courts.

Though both parents are divorced, they are still the child’s parents. It is not good to show the child that you both are fighting in court for them. So, it is better to either negotiate with each other or settle things mutually.

Some parents want to drop the custody case when they move out of the state. It is so much time-consuming matter to run the case from another state.

What happens if I don t show up for a child custody hearing?

The case will be dismissed if you file the petition and don’t show up. But, if your ex filed the petition and you don’t show up, the court may be considered a circumstantial admission of guilt, and the other party could win by default.

In some cases, not showing up can result in a possible penalty if it has been determined that your children are at risk because they have no supervision from their parent or guardian.

If there is evidence that you would be incapable of taking care of your child, then a judge will likely find you unfit.

So, instead of not showing up, just drop the custody case by following the procedures if you filed it. But, if your ex files it, either mutually agree with him/her or face the case in court with an attorney. Not showing up is not a good idea always.

I’m in the last moment of this discussion. However, we often asked, “how to win a custody battle against a narcissist?”. For today, you can watch this video to learn the ways:


To summarize, yes, you can easily drop your child custody case by informing the court in a written statement. Instead of fighting at the court, you both sit and talk to solve the problems.

Fighting at court is just a time and money waster, as it could lead to future disputes with the other party. If you’re having difficulty deciding what to do, always consult an experienced lawyer who can help you through the process.

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