Dismissal

A dismissal occurs when a judge throws out either a claim or the entire lawsuit. In family law, this occurs most commonly in a modification. Judges are required to review a Petition to Modify Legal Decision-Making and/or Parenting Time to determine if the reasons provided for a modification provide adequate cause for a modification and show a material change of circumstances affecting the child’s well-being. In modifications of child support or spousal maintenance, the Court may dismiss if there is not a substantial change. The other common reason for a dismissal is where the parties miss the deadline to request an extension or to set a trial for a matter on the dismissal calendar.