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  1. #1

    Default What Happens If A Parent Doesn't Show Up For a Custody Hearing

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

    After much discussion with various members of my family, they feel that my ex will not even show up in court for the hearing on the change of parenting plan/custody.

    So my question is this, if he does not show, does the judge enter my proposed parenting plan into effect? Could it be over that quickly?

  2. #2
    Join Date
    Jul 2006
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    Florida
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    Default Re: What Happens If A Parent Doesn't Show Up For a Custody Hearing

    Quote Quoting mickey68
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    My question involves a child custody case from the State of: TN

    After much discussion with various members of my family, they feel that my ex will not even show up in court for the hearing on the change of parenting plan/custody.

    So my question is this, if he does not show, does the judge enter my proposed parenting plan into effect? Could it be over that quickly?
    Who filed the petition for the modification?

    If it was you, has your ex been legally served, and has he filed a response?

    If it was him, were you legally served, and have you filed a response?

  3. #3

    Default Re: What Happens If A Parent Doesn't Show Up For a Custody Hearing

    I filed, he will be served by a process server next week.

    I don't know that he will file a response or even show up on our court date. Which is the crux of my question, if he does not answer or show, will the judge approve my proposed parenting plan.

    Thanks.

  4. #4
    Join Date
    May 2008
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    582

    Default Re: What Happens If A Parent Doesn't Show Up For a Custody Hearing

    If you filed the suit, and the other party does not respond, then the judge can sign your order by default. It doesn't mean that its totally over. I don't know if every state does this, but when a judge signs an order the other party has time to respond and file some sort of motion or objection. Usually 30 days.

  5. #5
    Join Date
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    Florida
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    Default Re: What Happens If A Parent Doesn't Show Up For a Custody Hearing

    Quote Quoting mickey68
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    I filed, he will be served by a process server next week.

    I don't know that he will file a response or even show up on our court date. Which is the crux of my question, if he does not answer or show, will the judge approve my proposed parenting plan.

    Thanks.
    Maybe the Judge will approve it, and maybe not. If your ex doesn't file a response and appear, the chances are higher that the Judge will approve your plan, but no one can really guess what any Judge will do.

    You might be putting the horse before the cart, don't count on ex not responding or appearing, make sure you are ready with all of your evidence in case he does show up.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
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    28,653

    Default Re: What Happens If A Parent Doesn't Show Up For a Custody Hearing

    You're supposed to put the horse before the cart.

  7. #7
    Join Date
    Jul 2006
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    Florida
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    Default Re: What Happens If A Parent Doesn't Show Up For a Custody Hearing

    Quote Quoting aaron
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    You're supposed to put the horse before the cart.
    Oops, I guess I've had too busy of a day.

  8. #8

    Default Re: What Happens If A Parent Doesn't Show Up For a Custody Hearing

    I knew what you meant.. thank you so very much for your reply.

    I have all my information together, and am ready for court. I was just curious as to the possible outcome if he did not show as most of my family believes will happen.

    Again, thanks to all who responded.

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