during custody case if mother doesn't get a lawyer what happens

A lawyer who practices in NY can tell you what the standard is for being awarded custody - probably something like "what is in the best interest of the child." If you are not there, the judge will not hear anything that is in your favor. I don't think custody would automatically go to the other parent, but it would be very likely.

Full Answer

Do you need a family law attorney for child custody cases?

Your relationship with your child is too important to risk letting that happen in a child custody case. To avoid that risk, you should look for an experienced family law attorney who can argue on your behalf in court and keep track of all the various filings, dates, and requirements.

Why is it so difficult for mothers to retain custody?

Since mothers who stay home to care for children do not bring any income into the home, it is often difficult for them to retain custody based on financials alone. a parent that has chosen the role of bringing up children rather than earning income has a difficult job and this can be compounded when going through a divorce or a break-up.

Should a stay at home mother win custody of her child?

Just because one parent earns more than a stay at home mother, does not mean they should win custody, although in many instances, people argue both sides of this coin. Family courts are interested in providing the children in a custody case with the best possible upbringing.

What happens if the other parent doesn’t follow a custody agreement?

If this isn’t enough to get the other parent to comply with the custody agreement, you may want to go to court to have the judge enforce your agreement. The judge may penalize the other parent with fines, and even find the other parent in contempt of court.

What is the custody order in Las Vegas?

If they are unable to do this, or the plan they work out is not in the best interest of the children, then the court will make custody orders, beginning with the presumption joint physical and legal custody is in the child’s best interest.

Why do divorce courts base their decisions on factors?

Divorce courts now base their custody decisions on many factors, with the sole goal of determining what is in the “Best Interest” of the children. Courts reject the premise that primary custody should be awarded to the mother just because she performed the motherly duties.

What are the different types of custody in Nevada?

Types of Custody in Nevada. Nevada has two types of custody: legal custody and physical custody. Legal custody refers to decisions concerning religion, school, and medical. Joint legal custody means both parents must work together to make these decisions. Physical custody is the visitation schedule the children have with each parent.

How long is joint custody?

Joint physical custody means a 50/50 time split. Because you have 7 days in a week, it’s hard to split custody evenly. 60/40 (4 days / 3 days) would still be joint physical custody. A parent with primary physical custody has at least 61% of the visitation time. Mothers usually want primary custody because they want to continue taking care ...

What is primary custody?

In a primary custody situation, the parent with primary physical custody receives child support. There are several options and combinations for child custody. For example, parents may be granted joint legal and joint physical custody. Or the court may give joint legal custody with primary physical custody to one parent.

Why do mothers lose custody of their children?

Mothers Losing Custody, Reasons. The fastest way to lose custody of your children is to show you are not in control of yourself. Divorce is one of the most stressful events you will ever go through. There are places for healthy emotional release, just not in front of the kids.

Why do courts look for one parent?

The courts feel children benefit from frequent contact with both parents. Therefore the court looks for whether one parent is more likely than the other one to foster a positive and ongoing relationship with the other parent. A parent who is unwilling to work with the other spouse could find themselves giving up joint custody.

What Is Child Custody?

When the parents of a child aren’t together, there usually needs to be some type of child custody arrangement between the two. Custody is split into two parts - parenting time and legal decision-making. Parenting time, as the name suggests, is the time each parent spends with the child, and is sometimes referred to as “physical custody.” Legal decision-making is a parent’s authority to make decisions about the child’s education, medical treatments, religious upbringing, etc., and is also referred to as “ legal custody .” The parents may be awarded joint custody, or one parent may receive sold custody.

How Can I Make My Spouse Abide By The Child Custody Agreement?

There are several steps you can take to enforce your child custody agreement. You may want to start by having your Arizona family law attorney contact the other parent’s attorney. A strongly worded letter or email may be sufficient to get the other parent to comply with the custody agreement. You should document agreement violations, and call the police for more serious infractions.

Can I Deny The Other Parent’s Parenting Time?

Despite what you may have heard, it is generally unacceptable to withhold visitation or parenting time from your child’s other parent. Even if the other parent has violated the child custody agreement in the past, you could still face consequences for your failure to abide by the agreement. This also applies if the other parent fails to pay child support. However, if the child is in immediate danger of sexual abuse, physical harm, etc., the parent should petition the judge for an emergency hearing to modify custody to keep the abusive parent away from the child. The police should be called before visitation is withheld for official documentation of the situation.

What is the purpose of family court?

Family courts are interested in providing the children in a custody case with the best possible upbringing. Courts usually view individuals who are well put together in appearance as being good, responsible providers. It is important to make sure you are conservatively and professionally dressed for any and all appointments and court dates surrounding the divorce or custody case including court appearances, mediation meetings, and even therapy sessions – you want everyone in deciding who retains custody of the children to view you as responsible. This means not wearing low cut tops, shorts, or wrinkled and dirty clothing. Even though one should never judge a book by its cover, do not think for a minute that the judge will not take that into account.

What do stay at home mothers need to do to win custody?

Remaining Unemployed. One of the most important things that stay at home mothers need to do in order to win custody is to find a job. Remaining unemployed will not show the court that you are prepared to take on the financial responsibilities of caring for the children and are going to be relying on child support, ...

Can a mother take her children back after a visitation?

This is a huge no-no. In some cases, mothers have a fear that allowing their spouse to visit with or take the children for a period of time will result in them never being brought back. When this fear is present, mothers will often withhold visitation, which does not portray them in a good light to the court. Instead of taking matters into your own hands, consult with a knowledgeable family law or divorce attorney to follow the correct course of actions. Unless abuse or danger to the children is present, visitation should be allowed. In most cases, when the fear is that the father will not bring the child back after an agreed visitation period, the best course of action is to immediately file an action for custody and child support. This lets the courts know that the mother is the primary custodian and anything that breaks the normal day-to-day routine (such as the father not bringing the kids back) will upset the family court judge. Your first line of defense is a good offense – and this means going to court as quickly as possible. And once a court has begun to hear your case or has issued some type of temporary visitation for the father, you absolutely cannot withhold visitation for almost any reason – in some states, this is even a crime.

Can you withhold visitation for a father?

And once a court has begun to hear your case or has issued some type of temporary visitation for the father, you absolutely cannot withhold visitation for almost any reason – in some states, this is even a crime.

Do stay at home mothers have a vested interest in keeping their children?

Stay at home mothers have a vested interest in keeping their children in the unfortunate event of a divorce. Since mothers who stay home to care for children do not bring any income into the home, it is often difficult for them to retain custody based on financials alone. a parent that has chosen the role of bringing up children rather ...

Can a father bring a child back after a visitation period?

Unless abuse or danger to the children is present, visitation should be allowed. In most cases, when the fear is that the father will not bring the child back after an agreed visitation period, the best course of action is to immediately file an action for custody and child support.

Do stay at home parents win custody?

Just because one parent earns more than a stay at home mother, does not mean they should win custody, although in many instances, ...

asm2005 Law Topic Starter New Member

My husband has filed for custody of his ten year old daughter. Him and her mother were never married and have never had any papers drawn up. We filed for custody when we found out from the daughter that her mother planned on taking her to another state the next time we dropped her off to see her.

luvstexas New Member

If I were you, I'd quickly lose the mentality that there is a WE. That could harm your husband's case. YOU are a legal stranger to this case no matter how long you've been involved in the child's life. You do not allow anything to happen regarding your husband's child and the child's mother...you do not make a custody deal with the judge.

lonelyinny New Member

If I were you, I'd quickly lose the mentality that there is a WE. That could harm your husband's case. YOU are a legal stranger to this case no matter how long you've been involved in the child's life. You do not allow anything to happen regarding your husband's child and the child's mother...you do not make a custody deal with the judge.

What do family court judges look for in a child custody case?

Judges often look favorably on fathers and couples who are willing to work together in the best interest of their children.

What happens when a father divorces a child?

When a couple divorces or dissolves their relationship, one of the most emotional and difficult things they deal with is splitting custody of children. Traditionally, courts have sided with the mother of the child when it comes to placing primary custody but, as times change, more and more fathers are proving they are the more appropriate choice to have physical custody. But, during these custody cases, fathers often make some crucial mistakes – here is what you should avoid to win your custody case.

Why do courts ask for character witnesses?

Courts will often ask for character witnesses to determine who the better parent would be to have custody of the children. It is important to keep the relationship between yourself and the mother civil and make sure to hold your tongue when urged to talk badly about them, even to family and friends. While you may trust them to keep your ranting private, it is better to be safe than sorry – when it is revealed that you speak badly about the child’s mother, the court will be less likely to award custody.

What do judges think about custody?

Courts will always choose a custody agreement that is in the best interest of the child or children and judges often believe that involvement from both parents is crucial for children to have a stable upbringing. Fathers who do not spend enough time with their children are not looked upon fondly in custody court, so make sure you are spending as much time with them as possible. Things like riding bikes, doing homework, going to the park, or playing games are all things the children will appreciate and remember, helping to better your relationship and your custody court case.

What are the biggest mistakes that fathers make when fighting for custody?

Not Acting First. One of the biggest mistakes that fathers make when fighting for custody is not being the first one to file for a hearing . There are many benefits to being the first parent to take action and often it can have positive legal implications. In many cases, waiting for the mother to file will often lead to increased feelings ...

What to do when you leave your family home?

Should you leave the family home, try moving to an area that is still within the children’s school district so their schooling, teachers, and friends will not have to change should you get custody. This will show the judge that you share their feelings for the importance of keeping the children’s lives as unchanged as possible.

Can a parent have custody of their children?

In most cases, custody will be placed with one of the parents while the other has visitation until the case is decided. Should the mother be given custody and the father have visitation, it is important to follow that court order regardless of how unfair you believe it to be. Keeping the children when you are not supposed to and disobeying the visitation order will only hurt the overall custody case. Make sure to keep your emotions in check, follow the order, and do whatever possible to strengthen the case.

What happens if one parent lies during a custody hearing?

If one of the parents lies during a family custody hearing when attempting to acquire custody of the child from the marriage, it is possible that this activity can cause severe detriment to the case before the judge. While the civil remedies are often at an extreme limit, the other parent’s case may gain strength because of the deception presented.

What is the purpose of a family custody hearing?

The family custody hearing will require careful consideration of which parent is better to provide for the well-being and nurturing of the youth. If one parent is willing to lie about various issues, this could lead to a loss of custody.

What is contempt of court?

This is something that the judge can use to punish the person that lies. If the parent is deliberately trying to mislead the court or is testifying about something falsely, he or she can face such action by the judge. The need to use contempt of court may require the judge to determine the lies to seriously affect the family custody hearing.

Can a parent be in contempt of court?

The usual circumstances do not often lead to contempt of court, but someone that lies before the judge can suffer this type of action. While a lawsuit or criminal charges for perjury are both not generally possible, contempt of court is something that the judge can is sometimes willing to do in these situations. This is something that the judge can use to punish the person that lies. If the parent is deliberately trying to mislead the court or is testifying about something falsely, he or she can face such action by the judge.

Can a person lie about custody?

Even though the person at the family custody hearing lies, he or she will not usually face criminal charges. Even the judges most often do not find using contempt of court action against the person to avert future incursions of perjury. However, the judge may consider this type of behavior as a negative when deciding where the child should go. The family custody hearing will require careful consideration of which parent is better to provide for the well-being and nurturing of the youth. If one parent is willing to lie about various issues, this could lead to a loss of custody.

Can an ex spouse seek alimony?

One possible argument is that of alimony through hidden assets. If the ex-spouse uncovers these facts during a child custody hearing, it is possible to seek action. However, most other situations have a significant lack of any possibility of recovering damages through deceit discovered during the hearing.

Can a parent be sued for lying in court?

When a parent lies in the courts, he or she can face certain action by the judge. However, it is still up to this court authority to take action against the individual. In these hearings, it is often not possible to take civil action and recover damages through a lawsuit until it has a foundation with other issues.

What to do if your daughter refuses to appear in court?

If you daughter is properly served with notice of a hearing and chooses not to appear, it is tantamount to telling the judge she has no objection to the request being made by the father. If that is the case, at the very least, she should call the court, tell the judge's clerk she agrees with the father's request.

What does it mean to not appear in court?

However, as other attorneys have pointed out, not appearing means essentially letting the other parent have it all his own way, and that the court record will reflect that your daughter didn't feel it was worth her time to participate.

Is not going to a custody hearing a good idea?

Not going to a hearing to determine the custody and parenting time of a child is NOT a good idea. The court can hear what dad wants to say and make changes without her input. I don't see any reason why not going would ever be more beneficial than attending the hearing. I hope you talk some sense into her!

The Question: What happens if an ex no shows at the custody hearing?

So my fiancée is looking to get full custody of her child, due to the father being absent. Her child is around 8 months old, and while she's been taking care of her, the father is off doing hard drugs and who knows what else.

The Answer: Only evidence presented for custody at the hearing can be considered by a judge for custodial rights. The judge would make a decision based on the evidence presented to them

If an ex doesn't show up to the custody hearing, then they lose out on the opportunity to present a case and evidence for custody.

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What happens when a judge only hears one side of a case?

However, when a judge only hears one side of a case, the judge really has no alternative but to rule based on the information presented at the hearing. I have no idea if there are any jurisdictional issues such as where your child is currently living and how long your child has been living in that jurisdiction.

Is it automatic to have a judge hear one side of a case?

Nothing is really automatic in the court system. However, when a judge only hears one side of a case, the judge really has no alternative but to rule based on the information presented at the hearing. I have no idea if there are any jurisdictional issues such as where your child is currently living and how long your child has been living in that jurisdiction. Nevertheless, you should contact an attorney in New York who could possibly provide you with some more information about your specific situation.