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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 26352
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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During a hearing in Oct 2915 in a County Texas court the

Customer Question

During a hearing in Oct 2915 in a Bell County Texas court the judge awarded the mother the son.
The court sent a letter Dec 3, 15 stating the following:
Dismissal Judgement
The parties and their attorneys having been notified more than 15 days prior hetero, and no action been taken to request any action, the court on its own motion finds that such cause should be dismissed without prejudice....
It is therefore ORDERED, ADJUDGED and DECREED by the court that the cause be, and the same is hereby DISMISSED without prejudice to the refilling of the same at Petioners cost, for which let execution issue.
This Dismissal Judgement finally disposesof all parties and all pending claims and is appealable.
QUESTION: Does this dismiss the Judges decion in Oct 2014 and please explain the next course of action for the father who does want to be awarded the custody of the son.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. Do you know why the Judge dismissed the case after the mother was awarded custody of the child? Was she required to do something and failed to do so? Also, what was ordered in 2014?

Customer: replied 1 year ago.
The judge awarded the mother custody of the son....the father was ordered to pay child support. The mother and father were ordered not to have boy friends/girl friends stay over....I am not sure what the mother failed to do.
Expert:  LegalKnowledge replied 1 year ago.

Did you request a phone call or was that an error?

Customer: replied 1 year ago.
please call me.
Expert:  LegalKnowledge replied 1 year ago.

I would be happy to but am not seeing a number to call. Can you make the phone request again, which may hopefully cure this site error?

Customer: replied 1 year ago.
My home phone would be better (###) ###-####(###) ###-####is cell ph
Customer: replied 1 year ago.
Thznk you for you call...
Please give me a brief written description of things my son should do.
Expert:  LegalKnowledge replied 1 year ago.

Certainly and please remember to rate my help at the top, so I can get credit for my time. First, the party would want to speak with the clerk of court and see if they can share why the case was dismissed. Is it a result of the petitioner NOT proceeding with the divorce and it being dismissed for lack of prosecution? If so, that would explain it. If that was not the reason, then he would need to determine if she FAILED TO COMPLY, with an order of the court, which allowed the Judge to then dismiss the case, as a result of her failure to do something that was ordered. If the entire case has been dismissed, he may then want to explore filing where he lives, to gain jurisdiction over the matter

Customer: replied 1 year ago.
Thank you.
Expert:  LegalKnowledge replied 1 year ago.

You are welcome. Best of luck and just remember to rate my help at the top. Thank you again

Customer: replied 1 year ago.
Please call me(###) ###-####
Expert:  LegalKnowledge replied 1 year ago.

I can answer any follow up questions which you may have online and would be happy to do so. Please let me know. Also, I kindly ask that you rate my help, so I can get credit for our time together. The phone calls are supposed to last 15 minutes and that time was doubled. Thank you for understanding.

Customer: replied 1 year ago.
Please call me...I.have more questions to ask per my call to the court clerk in Texas.
Expert:  LegalKnowledge replied 1 year ago.

I am not able to at this time. Please post them here so I can respond. Thank you.

Customer: replied 1 year ago.
A letter stating DISMISSAL JUDGEMENT was signed by the presiding judge who presided over the temporary child custody hearing. I previously sent a question asking if the judges Order in Oct 2014 (giving my daughter in law custody of the son and ordering my son to pay child support) was dismissed along with the divorce filed by the petitioner (daughter in law).I followed your instructions and called the district court of Bell County TX. You said for me to ask the clerk if all of the case was
dismissed including the Order issued by the judge in October 2014....spoke with a clerk who stated ALL of the case was dismissed
however she said I would have to ask a lawyer that question.
The clerk gave me the following web site....bellcountydistrictclerk.org to view the case.Therefore I am asking you the question again. The divorce and the NOTICE OF HEARING FOR TEMPORARY ORDERS have the same case
number which is 262 299.
dismissed. She could not tell me why
Expert:  LegalKnowledge replied 1 year ago.

Based upon what you shared, then it would all be dismissed. You stated that the divorce and temporary orders all have the same case number, which means they are all tied to together and if the clerk confirmed that all the cases were dismissed and this is now closed, then everything would be dismissed and closed out.

Customer: replied 1 year ago.
Did you go to the website to view the records?
Expert:  LegalKnowledge replied 1 year ago.

It did not bring up the case history. It just took my to the clerks website

Customer: replied 1 year ago.
I thought the records would give you more information.Thank you...
Expert:  LegalKnowledge replied 1 year ago.

The information you shared and provided is enough. My answer still remains the same, that the case was dismissed. If no action has been taken by the petitioner/mother, over the past year, the case was likely dismiss for lack of prosecution. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.