What Happens If the Other Parent Doesn`t Show up for Court for Custody

I have a custody order from another state, but I now live in North Carolina. What must I do? Some time ago I already represented a man in his divorce proceedings and at some point we separated and he decided to represent himself. What he ultimately did was not appear at a very important hearing, and the court issued monthly orders against him for ridiculously high amounts of spousal support. We are talking about $6,000 a month. A parent who has sole custody can make important decisions about the child`s life without consulting the other parent. When parents have joint custody, they must consult with each other and make important decisions together, for example. B where the child will go to school or if the child will undergo a major medical procedure. If the parents cannot agree, a court may have to make the decision. Sole custody means that the child lives with only one parent, although the child may visit the other parent.

Joint custody means that the child`s time is shared between the parents. There are many possibilities for joint physical custody. One parent may have primary custody, which means the child lives with that parent most of the time, while the other parent has secondary custody, for example, every other weekend or regular lunches. Alternatively, there may be an equal division, in which the child regularly moves from one parent to another. Custody cases must be filed in the child`s „State of origin“, the State where the child lived in the six months preceding the filing of the case. If you have ever had custody of the same child in another state, you will usually need to return to that state to change your custody decision while one of the parties is still living there. If a judge signed a custody order in your previous case, you will need to change that order instead of filing a new case. In general, your application for amendment must be filed with the court that made the original decision.

In some situations, if your previous case was rejected, you can file a new custody case. For more information about the change, see below. Both legal parents have the same rights as the child if there is no custody decision. „Legal parents“ are persons who are officially recognized as parents on the child`s birth certificate, a court order such as child support or adoption order, or an affidavit of parentage. Without a custody order, the rights of non-parents are much more limited and parents generally have the right to keep the child. Child custody includes the right to make important decisions in a child`s life and the right to have the child in your custody. Visitation is a secondary form of custody that includes the right to visit a child at times specified in a court order, sometimes under certain conditions. The term „visit“ is often used to refer to a person`s parenting time when it is relatively limited.

A lot will depend on the type of audition you`re not showing up for. In some cases, if you don`t show up for your family law hearing, the court could make a so-called default judgment against you. This means that the court could award the other party any relief it seeks. The most common violations of a custody decision include: a parent who keeps the children away from the other parent, even if there is a court-ordered custody plan; one parent proposes the other parent to the children; or one parent does not allow children to call the other parent, although the custody decision provides that they can. Depending on the language included in your custody order, there will most likely be other provisions that will be violated. Be sure to keep an eye on any case that violates your court order, as each of them will help you get a contempt claim. In this weekly video, I`d like to talk about some of the possible consequences if you don`t show up for a family law hearing. Judges decide on custody of children based on the „best interests of the child“. This decision can include many factors, such as the parents` situation, each parent`s ability to care for the child, the child`s relationship with each parent, and any other factors that affect the child`s well-being. While fairness to parents is important, it is secondary to the child`s well-being. .