divorce case dismissed/custody orders

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divorce case dismissed/custody orders

My boyfriend who filed for divorce last year. In the interim, CPS filed an ex parte hearing to remove custody of their child from his wife, so he’s been granted custody. However, last Friday neither of them showed up for the family law status conference. Yesterday he received a letter stating that his dissolution was dismissed. Does that affects the custody orders? If so, how?

Asked on July 24, 2019 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It does not automatically affect the custody order, since that was not the result or product of the divorce, but was rather, as you indicate, the result of an ex part proceeding by CPS. It's not impossible that she may bring a legal action challenging the custody order and in cite the dissolution dismissal if she thinks it will help her, but until and unless someone actually challenges the order, nothing changes.


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