Feb 05, 2015 · Your children will not be allowed to be in the courtroom. There are a number of things that may happen at the hearing. The judge may appoint an amicus attorney to help the court with regard to the custody issues. The court may hear oral testimony and look at documents that would support giving temporary primary custody to either you or the father.
Apr 15, 2016 · So if the father wants to have full custody and take the children away from the mother entirely, well the judge may just say "ok" and do that right then and there. So, long story short, she's got to go to that hearing, and she needs a lawyer too.
Sep 02, 2011 · If my lawyer doesn't show up for court in regards to my custody hearing, what will happen to my case? I have a lawyer that is not really doing her job when it comes to representing me. I gave her a retainer of $3000 and now she is asking for an additionaly $1000 and she has only filed/been to court three times since I attained her as my lawyer.
Sep 01, 2021 · What would happen if i dont show up to a custody hearing where i was served an order of protection? ... Start with your legal issue to find the right lawyer for you. Choose an area of law that your issue relates to: ... Child custody …
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.
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.
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 other party has the right to notice of the custody hearing. It is their choice whether or not they choose to appear. The hearing can take place without them.
The other party has the right to notice of the custody hearing. It is their choice whether or not they choose to appear. The hearing can take place without them.
If you don't like your plumber or mechanic, you fire them. Same with your lawyer. We're not special in that regard, just make sure you follow your contract provisions with them regarding representation and termination. They'll need to make a motion to withdraw and you should have new counsel hired and make an appearance and handle the matter going forward. Best of luck...
I would agree with my colleague. If you're not satisfied with your current attorney, you can fire him/her and either represent yourself (which I do not recommend doing) or hire a new attorney, which I strongly recommend. Either way, you would need to formally terminate services with your current attorney, which should be done in writing. You will want to get a copy of your file from that attorney (you're entitled to...
I assume you called his office to confirm he would be at the hearing already. If he does not show up, you stand when your case is called and explain to the Judge your predicament. Judges try to be patient with that. Then, after your matter is rescheduled, I agree, you file a complaint with the State Bar.
I agree with the first poster. Oftentimes, a judge will be sympathetic in these situations, especially if it is the first time. A continuance in order to hire substitute counsel may be the best here. Best of luck.
Request a continuance. (I'm not sure what type of hearing you have). Explain to the judge what has happened and that you will be retaining another attorney. (And filing a complaint with the bar association) More
Yes, hearing should still go forward with him defaulting and if the mediator made a recommendation you like, the judge can adopt it right then and there. Don't forget to serve him the order after the judge signs it (you can't serve it yourself, someone over the age of 18 must)...
Yes, hearing should still go forward with him defaulting and if the mediator made a recommendation you like, the judge can adopt it right then and there. Don't forget to serve him the order after the judge signs it (you can't serve it yourself, someone over the age of 18 must)...
If the mom doesn't response to your motion within 30 days of her being properly served, you can submit to the court a motion and order for default and a proposed judgment (which must be consistent with the relief you requested in your motion).
No, you do not get automatic custody. What you need to do is file the appropriate paperwork to hold Mom in default for failing to respond to the summons in time (assuming you served her correctly). Then you can file a judgment granting yourself custody. After that, your parental rights are secured and Mom can't just come change things unilaterally.