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How do I write a letter to court withdrawing a child custody motion? Who do I address the letter to?

Dover, NJ |

I have to fax a letter to court saying why I want to withdraw my child custody petition. Should I address the letter to the judge, the probation officer who filed the case or can I just write To Whom It May Concern?

Attorney Answers 3


Address the letter to the Judge and send a copy to Family Case Management, Probation, and the adverse party/attorney. If you don't know which Judge has your matter, call case management and they can help direct you.

This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.

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Agreed 100% with Kim's answer. Only write to add a link to the judges' chambers: . You'd address the letter to your judge at the address listed for your county. The salutation is: "Hon. John Doe, JSC" unless your judge is listed as the Presiding Judge, in which case it's "Hon. John Doe, PJFP." Sign the letter "Respectfully." Cc the family division manager ( ) and your adversary (other party or his/her attorney).

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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I agree with the response provided by Kimberly Pelkey Sdeo, Esq. However, I would caution you that if the other party filed a Cross-Motion or application in opposition to your application you may be opening the door for the other party to secure any and all relief he/she may have been seeking if you simplly withdraw you papers. Accordingly, you may be better off going to court on the next scheduled hearing/trial/conference date and assuring that "all" the litigation is withdrawn as you expect.

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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