Currently in a custody case. We where never married. How long before the case can be dismissed for no action? Last item on the case was filed 6mo ago.
Generally, a clerk of a Florida court issues a "notice of lack of prosecution" in a case after approximately ten (10) months of inactivity (calculated from the last document filed with the court, as it appears on the court's docket). The notice schedules a hearing on the court's own motion to dismiss the case for lack of prosecution, and allows the parties sixty (60) days to create "record activity" in the case (basically, to file documents with the court) or show good cause to the court, in writing, at least five (5) days prior to the scheduled hearing, why the case should not be dismissed for lack of prosecution.
I assume you are defendant. It has been six months since you respo To the complaint. I assume you answered the complaint and are not waiting for the court. You will b probably not get s dismissal. Any application you make to the court will stir up the other side. I would think doing nothing is your best course especially if you do not contest it is your child and can prove that by DNA testing
In addition to Ms. Belchenko's fine answer, it would be a good idea to consult with a licensed local family law attorney to learn about parental rights and obligations arising from children born outside of wedlock. Good luck.
This response is not legal advice, and is intended only as general public information concerning the matters raised in the question. The facts of each case differ, and the question as posed may not disclose important facts or dates which could significantly change the nature of the response given. In addition, because courts could continue to interpret applicable law this response may not be valid beyond today. No attorney-client relationship has been created. The questioner should consult with a licensed attorney in his or her state to assure the effect of any applicable state or local laws are considered.
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