Can I Drop a Custody Case I Filed? How Dismissal Works in Nevada

by | Jan 26, 2021 | Ask the Lawyer, Child Custody & Support | 0 comments

Question asked on Nov. 3, 2020

Q: Me and my girlfriend filed for custody of my nephews. A month later I found out that I got kicked out from the house where my kids and nephews lived at. And my ex won’t give me the kids back and wants to file for sole custody of the kids. I’m trying to drop my case and file against her in favor of my sister

A: Generally, a moving party can always withdraw a pending motion, by filing a simple notice of doing so (the family court self-help center may have a form).  There is an exception where the other side has filed a counter-motion, since that will proceed even if you take off your original motion. Your overall situation, however, appears too convoluted to address by email, and you really should consult a family law specialist about your plan, options, risks, and benefits.

Frequently Asked Questions

Can you drop a custody case you filed in Nevada?
Generally yes. The party who filed a motion can withdraw it while it is still pending by filing a simple notice of withdrawal; you do not need the judge’s permission to take your own motion off calendar. The Family Court Self-Help Center in Clark County may have a form for this. The main exception is when the other side has already filed a countermotion, because that countermotion goes forward even after you withdraw yours.
How do I withdraw a motion in family court?
File a written notice of withdrawal of the motion with the Eighth Judicial District Court Family Division and serve it on the other party. No hearing is normally required, and the Family Court Self-Help Center may have a fill-in form. Withdrawing your motion does not dismiss anything the other side has filed; any countermotion or separate request they made stays on calendar and will be heard.
What happens to my custody case if the other parent filed a countermotion?
The countermotion proceeds on its own, even if you withdraw the motion that started the case. That means dropping your filing does not stop the other parent from obtaining orders against you, and you will need to respond to the countermotion on its merits. When the situation involves competing custody claims among a parent, an ex and a relative, it is usually too convoluted to handle without advice; a family law specialist should review the plan, options, risks and benefits. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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