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A child custody case filed by Warren Jeffs' half-brother was dismissed Monday in favor of joining it with his divorce case.

"It was just a re-shuffling of the cases, not a dismissal on the merits," said Salt Lake City attorney Roger Hoole, who represents Wallace Jeffs.

Senior Utah District Judge Pamela Heffernan advised him to file in juvenile court if he is concerned about the children, who are living with their mother in the polygamous sect the Fundamentalist Church of Jesus Christ of Latter-Day Saints, according to the St. George Spectrum.

Wallace Jeffs filed for custody of his nine minor children with estranged wife Amy in July, after he was thrown out of the sect for the third time, his attorney said.

The case was delayed after Wallace Jeffs was seriously injured in a car crash.

"We're looking forward to trying to resolve the custody issues in the proper form, which is the divorce case," said attorney Rod Parker, who represents Amy Jeffs.