Rule Text
A. Except when the parties jointly desire to dismiss the proceedings and return custody of the child to the parents, modification or enforcement of a judgment transferring custody shall be upon motion of any party and by order of the court according to the provisions of this Chapter.
B. If the parties jointly desire to dismiss the proceedings and return the custody of the child to the parents, the court shall be notified. The court may render an ex parte dismissal of the proceedings, or it may order a hearing to be set for review of the proposed modification.
Amendment history: Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If parents want to end a custody transfer case and get their child back, they can let the court know they both agree to it. The judge can then approve this right away without a hearing, or the judge can decide to schedule a hearing first to look at the request more closely before deciding.
If only one side wants to change or enforce a custody order, that person has to file a formal request with the court, called a motion. The judge will then handle the request following the standard court process for these types of cases. This means changes to custody arrangements usually need a judge's approval, and both parents agreeing to end the case does not automatically make it official unless the court signs off on it.