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Effect of the Dismissal of the Main Action

Quick Facts

An abandoned divorce proceeding can be converted to a custody proceeding.

If a dissolution proceeding or a legal separation proceeding is dismissed, a temporary child custody order is vacated unless one of the parents or the child's custodian requests for the proceeding to continue as a custody proceeding. Further, the court must hold a hearing and determine that the circumstances of the spouses and the best interests of the child require that a custody order be issued.