I filed a petition to change child custody and asked for a 1 hour hearing. My ex spouse filed a petition to move it to J&DR Court, to assign a GAL, to assign a custody evaluator, to make it a 4 hour hearing, and to award attorney fees. I really just wanted to have an open and candid conversation with the judge and my ex spouse about it. Since my ex spouse is approaching it in a litigable way, I think I would be better off to withdraw my petition and call off the hearing. Can I do this?
You should find a local attorney and get advice based on a better conversation. There are too many factors to consider to provide you better advice.
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You have a right to dismiss your petition so long as this is your first for this cause of action. However, your dismissal will not get rid of your ex-spouse's cross-petitions (assuming all matters have been consolidated).
Your should speak with an experienced family law attorney about the specifics of your case.
Your spouse's petition is not tied to yours in that it does not go away just because you withdraw yours. A hearing is not exactly an "open and candid conversations with a judge." That sounds more like a mediation, which I strongly recommend. Attorneys fees are very often requested and not very often granted. It looks like you got into this deeper than you had first planned and that now you're going to need to consult a good family attorney.
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