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  1. #1
    Join Date
    Feb 2011

    Default What Can I Do if Mother Does Not Show Up at Family Court After Being Served

    My question involves a child custody case from the State of: New York

    What can I do if the mother of my child doesn't show up at family court for a modification of custody summons (I'm asking in my petition for sole custody based on various reasons)? Currently there is shared physical custody and joint legal custody. Can I ask for temporary or permanent physical and legal custody if she doesn't show up for court? Also it clearly says she can be held in contempt of court, what could happen with that? I would rather have sole custody I could really care less about her being held in contempt, but if it will give me an advantage in the future I will pursue that also.

    She has been served at a previous court date by a court officer in family court so there will be no doubt she was served when the judge looks at the details, she was served in court by a court officer. She is not rational and not sane thinking, why someone would not show up at court is beyond me after being served but that is what she is going to do and I do believe her.


    Concerned father.

  2. #2
    Join Date
    Apr 2009
    Somewhere near Canada

    Default Re: What Can I Do if Mother Does Not Show Up at Family Court After Being Served

    If this will be her first no-show, generally the hearing will be rescheduled. She'll get another chance (and some courts will give her several....).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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