my wife and I have custody petitions filed against each other, and have been going to court for about 2 months now... we still live in same home, and are trying to work things out... we recently came to an agreement to mutually withdraw our petitions, and made our lawyers aware of this.... my wifes lawyer was upset and talked to judge, and the judge would not allow this for some reason.. my lawyer said that it was very unprofessional, and she has never seen that in her life.... is this legal? isn't that our right to withdraw our petitions if we want to?
Don't fret just yet. From what you say, the judge may have denied the motion to withdraw because there is conflicting information about what the clients want and the lawyers are saying.
As a general rule of thumb, however, judges do not like it when parties are constantly changing their minds. I'm glad you are trying to work things out. Good luck.
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Ordinarily, when a court does something like this, it is because there are conflicting streams of information coming to the court and the court does not know what to do. So the court maintains the status quo until the court can get more information. Perhaps your opponent is telling you one thing but then telling the court something else.
That may be a serious point to take note of. If you perceive smoke and mirrors in a family court, a very likely cause is someone being two faced: the opponent or even the child. I do hope you are represented.
Normally, the petitions could be withdrawn. I have never heard of a court refusing a request to withdraw the petition since the court has no power to make you go forward with the petition.
It sounds like something else is going on here concerning your wife's position regarding her petition. Sometimes, for example where there are allegations of domestic violence, the courts will hesitate in the withdrawal of petitions, however ultimately the petition is withdrawn.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
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