Legal Question in Family Law in Texas
My friend received notice (Texas) that her divorce case is set to be dismissed for want of prosecution. Generally this means dismissed and the records are erased? She lost custody and is paying child support. How does the dismissal affect custoday and support?
1 Answer from Attorneys
If there is a dismissal notice (DWOP) then there is a pending court case. These are routinely issued by the court staff to ensure that everyone that files a lawsuit is paying attention to it, and not letting it lie dormant, just clogging up the court's docket. If it is dismissed (and not reinstated within 30 days) and there are temporary orders in place, then the temporary orders disappear and the enforceable order reverts back to the last FINAL order issued by the court. If there are no other orders in the case (this is the first time to litigate) then there are no outstanding orders of the court, and she is at square one.