Temporary Custody Case Dismissal

Summary

In Georgia, dismissing a temporary custody case involves filing a motion or consent order, gathering evidence, and possibly attending a court hearing. If all parties agree to dismiss the case, a Consent Order or Stipulation of Dismissal can be filed. Supporting documents like communication records, affidavits, and proof of involvement in childrens lives are crucial. If the other party is non-objecting but not signing, a Motion to Dismiss can be filed, explaining the situation to the court. Consider consulting a local attorney for personalized guidance.

Full Conversation

I need to know how I can get a case dismissed or stipulations lifted
Hey ****! Could you please provide more details about the type of case or stipulations you're dealing with? This will help me give you more accurate information.
Temporary custody case with supervision
Hey ****! In Georgia, getting a temporary custody case dismissed or having stipulations lifted can be complex. Here are some general steps:
- File a Motion: You may need to file a motion with the court to request the dismissal or change in stipulations.
- Evidence: Provide evidence that supports your request (e.g., showing compliance with court orders).
- Hearing: Attend a court hearing where you can present your case.
Would you like assistance connecting with local lawyers who can better help you?
Can I upload my order and have you explain it to me
Case Rating: *
Hey ****! Unfortunately, I can't review documents directly. However, I can guide you through understanding typical court orders. Could you let me know what specific terms or stipulations you're having trouble with? This will help me provide relevant information.
In the order it states that the minor children have resided with the petitioners for the majority of their life which is not true also its a temporary order I just need to know how I can get my kids back
Case Rating: *
You might consider the following steps:
- File a Motion to Amend: You can request the court to amend the order if you believe there is incorrect information.
- Provide Evidence: Gather evidence showing that your children have not resided with the petitioners for the majority of their life.
- Attend Hearings: Be prepared to attend court hearings to present your case.
Would you like more detailed guidance on any of these steps?
what does a motion to amend do
Case Rating: *
A Motion to Amend allows you to ask the court to change or correct parts of a court order or legal document. It is typically used to address errors, new evidence, or changes in circumstances that affect the order.
Would you like more detailed guidance on filing a Motion to Amend in Georgia?
can I have this case dismissed
Case Rating: *
Hey ****! Dismissing a temporary custody case can be challenging. You might need to file a motion to dismiss and provide strong evidence supporting your request. If you believe the order contains incorrect information and want to amend it, you'll need to file a Motion to Amend.
Would you like more detailed guidance on filing a Motion to Amend in Georgia?
the other party is willing to give the kids back everyone is in an agreement to dropping the case and giving me the kids back
Case Rating: *
Hey ****! Since everyone is in agreement to drop the case and give you the kids back, you can file a "Consent Order" or "Stipulation of Dismissal." This document shows the court that all parties agree to dismiss the case and return the kids to you.
Would you like more detailed guidance on how to file these documents in Georgia?
yes
Case Rating: *
Hey ****! Here's a concise guide on how to file a Consent Order or Stipulation of Dismissal in Georgia:
- Draft the Document: Prepare a Consent Order or Stipulation of Dismissal, indicating that all parties agree to dismiss the case and return the children to you.
- Signatures: Ensure all parties involved sign the document.
- File with Court: Submit the signed document to the court where the custody case is being heard.
- Attend Hearing: If required, attend a court hearing to finalize the dismissal.
Would you like more detailed guidance on drafting these documents?
yes; also the other party isn't going to sign the paper unless their served but if we have to go to court their not going to kick against it
Case Rating: *
Hey ****! Here's an overview of your situation:
- Draft the Document: Prepare a Consent Order or Stipulation of Dismissal.
- Serve the Document: Serve the papers to the other party.
- File with Court: Submit the signed document to the court.
- Attend Hearing: Attend a court hearing if required.
Would you like detailed guidance on serving the papers?
yes
Case Rating: *
Hey ****! Given the nature of your case and the fact that all parties are in agreement, would you like to be connected to local lawyers who can better assist you with your case?
If yes, I'll need some details to proceed:
*. What is your phone number?
*-*-*
Case Rating: *
Given the complexity and importance of your case, it might be beneficial to connect with local lawyers who can provide detailed assistance. Would you like to be connected to local lawyers who can better assist you with your case?
If yes, I'll need some details to proceed:
*. What is your name?
*. What is your email address?
*. What is your zipcode?
*. Can you give me a brief description of the issue?
**** ****, spurlockwife13@icloud.com, *, temporary custody dismissal
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: **** ****
Email: spurlockwife13@icloud.com
Phone: *-*-*
Zipcode: *
Reason: temporary custody dismissal
From: FreeLawChatAi
Is there anything else I can help you with?
yes can you help me with preparing a consent order
Case Rating: *
Hey ****! Sure, I can guide you through preparing a Consent Order in Georgia. Here are the basic steps:
*. Draft the Document:
- Title: “Consent Order”
- Include: Case number, names of parties, and a statement that all parties agree to dismiss the case and return the children to you.
*. Terms and Conditions:
- Clearly outline the agreement, including any stipulations about custody, visitation, etc.
*. Signatures:
- Ensure all parties sign the document.
*. Serve the Document:
- Serve a copy to the other party (since they prefer this method).
*. File with Court:
- Submit the signed document to the court where the custody case is being heard.
*. Attend Hearing:
- Be prepared to attend a court hearing if required, to finalize the dismissal.
Would you like more detailed guidance on any specific section?
yes I need to file the paper with the court and then have it served to them so they can sign it or answer it
Case Rating: *
Hey ****! Here's a more detailed guide for filing the Consent Order and serving it:
*. Draft the Document:
- Title: “Consent Order”
- Include:
- Case number
- Names of parties
- Statement that all parties agree to dismiss the case and return the children to you.
*. Terms and Conditions:
- Clearly outline the agreement, including any stipulations about custody, visitation, etc.
*. Signatures:
- Ensure all parties sign the document.
*. File with Court:
- Submit the signed document to the court where the custody case is being heard.
*. Serve the Document:
- Serve a copy to the other party. This can be done via a process server or certified mail.
*. Attend Hearing:
- Be prepared to attend a court hearing if required, to finalize the dismissal.
Would you like more detailed guidance on any of these specific steps?
signatures
Case Rating: *
Hey ****! For signatures on a Consent Order, here’s what you need to do:
- Ensure all parties involved sign the document.
- Signatures must be notarized.
- Include the date next to each signature.
- Verify that the document is signed by all parties before filing it with the court.
Would you like more detailed information on notarizing the signatures or any other part of the process?
Their not going to sign anything but their not objecting it either
Case Rating: *
Hey ****! If the other party is not going to sign but also not objecting, you might need to file a motion with the court explaining the situation and requesting a hearing to resolve it. Here’s what you can do:
*. Draft a Motion to Dismiss: Explain that all parties agree to dismiss the case and return the children to you.
*. File the Motion: Submit it to the court.
*. Request a Hearing: Ask the court for a hearing to finalize the dismissal.
Would you like more details on drafting the Motion to Dismiss?
yes
Case Rating: *
Hey ****! Here's a concise guide on drafting a Motion to Dismiss:
*. Title: "Motion to Dismiss"
*. Case Information: Include the case number, court name, and parties' names.
*. Introduction: State that you are requesting the dismissal of the case.
*. Body:
- Explain that all parties agree to dismiss the case and return the children to you.
- Mention that the other party is not objecting but also not signing.
*. Conclusion: Request the court to schedule a hearing to finalize the dismissal.
*. Signature: Sign and date the document.
Would you like more detailed guidance on any of these sections?
body
Case Rating: *
Hey ****! Here's a more detailed guide on drafting the Body section of your Motion to Dismiss:
*. Explain Agreement: State that all parties involved have agreed to dismiss the case and return the children to you.

*. Non-Objection: Clearly mention that the other party is not objecting to the dismissal but is also not signing the document.
*. Support: Include any relevant information or evidence that supports your request for dismissal.
Would you like assistance drafting this section with specific wording?
yes
Case Rating: *
Sure, ****! Here is a suggested wording for the Body section of your Motion to Dismiss:
---
Body:
*. Agreement to Dismiss: I, [Your Name], respectfully request the dismissal of the temporary custody case involving my minor children. All parties involved, including [Other Party's Name], have agreed to dismiss the case and return the children to my custody.
*. Non-Objection: The other party, [Other Party's Name], has expressed no objection to the dismissal of this case. Although they are unwilling to sign the consent order, they have clearly indicated their agreement to the terms and will not contest the dismissal.
*. Supporting Information: Attached to this motion are relevant documents and evidence supporting my request for dismissal, including communication records indicating the other party's agreement.
---
Would you like to go through any other sections of the Motion to Dismiss?
i need help putting it all together
Case Rating: *
Hey ****! Sure, here's a comprehensive guide to putting your Motion to Dismiss together:
Motion to Dismiss
Title:
Motion to Dismiss
Case Information:
- Case Number: [Insert Case Number]
- Court Name: [Insert Court Name]
- Parties' Names: [Your Name] and [Other Party's Name]
Introduction:
I, [Your Name], respectfully request the dismissal of the temporary custody case involving my minor children.