Child custody court date, one party is a no-show, what happens?

[DrLove'sKuDang]

My wife's ex was causing all kinds of trouble over what school our daughter would go to. He tried to get a district transfer forced by the judge, it was denied until the judge could hear both sides at the court date.

We worked out an agreement and he said he would call and cancel the court date. I don't know if he did or not, but according to the courts, the date is still set for tomorrow morning. If we show up and he does not, and he was the one that caused this court date to be needed... what happens?

Does it get rescheduled? Do we automatically get what we want? If we go in asking for mon-fri so our daughter can be with us for school, will the judge grant it since he didn't even make an appearance to his own court date?

[scanlessfool]

If does not show up, the case is won by your party.

[ChIoVnIdCa]

If does not show up, the case is won by your party.

NOT true...

[DrLove'sKuDang]

so what would be decided?

we had her registered in our district. he tried to get it changed through the courts and was denied. so, since our daughter is currently in our district, where we wanted her, we already "won" the case. so does anything happen if he doesnt show up?

this isnt like fighting a ticket and the cop doesnt show.

since he doesnt show up to a court date that he caused, if we go in asking for more legal/physical custody, what could happen? is it possible to grant us more custody if the other party doesnt even show up?

[ChIoVnIdCa]

Temporary order, judge can continue case, judge can make a judgement call based on what you tell them


But you don't just win/get whatever you want...



Of course this is a lawyer question lol.

[LadyG]

If yall came to an agreement- a signed agreement, than his attorneys (if he has them) are probably turning in the paperwork, and will represent him. They might have told him that coming to court might only serve to make him look bad. (arguing in court is a great way to get a judge to hate you, especially if you are a belligerent ass)


A lot of what I could tell you would be based on weather or not yall actually put your agreement on paper...a solely verbal agreement most likely will get a continuance.
You would make have to make another court appt, but you could file documents for custody modification in the meantime, and if he doesn't show up to THOSE dates, you pretty much would get what you want.
(sans dissolving parental rights...that can take YEARS -specially if the other party doesn't show up)

My Best-ey has a boy who's father is a real piece of shit, and the courts gave him SO many chances. He kept not filing paperwork the court mandated and they would keep extending his deadline... Eventually the whole situation was NOT resolved in Family Court, but Felony court. They only gave my girl (who had a expensive attourney- all the good it did) what she wanted when he got locked up or 5+ years for Meth Production.
Go figure.

[scanlessfool]

Temporary order, judge can continue case, judge can make a judgement call based on what you tell them

But you don't just win/get whatever you want...

Of course this is a lawyer question lol.

This is what I should have said.

[DrLove'sKuDang]

Well thanks all, I was just wondering. I know its a question for a lawyer, but we, on this forum, are from all over... maybe some of us are lawyers or studying law. Never hurts to ask, ya know?

[Leung]

Rusty is the only one that i can think of that is or was studying law but i rarely ever see her on here.

[RagingAsian]

Just show up. if he doesnt show up, it makes you two look like the better people.