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What Happens at a Custody Court Hearing on an Order to Show Cause

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  • 01-08-2015, 07:02 AM
    martyshaz
    What Happens at a Custody Court Hearing on an Order to Show Cause
    My question involves a child custody case from the State of: NY

    I am the respondent in an order to show cause proceeding. The appearance is tomorrow, and I would like to know roughly what to expect. I have all my documents together that will refute what petitioner has alleged. I did not prepare or serve an Affidavit in Opposition. Can I just go in and show my documents to the judge?
  • 01-08-2015, 07:23 AM
    CourtClerk
    Re: Order to Show Cause Appearance Procedural
    You've not provided nearly enough information. An OSC re: what? Did you respond? I'm guessing not. Why?
  • 01-08-2015, 08:01 AM
    martyshaz
    Re: Order to Show Cause Appearance Procedural
    The OTSC is a request for a temporary custody order, transferring residential custody of my son to his father. No response was made because I was trying to get an attorney ASAP but I wasn't able to retain one before my time ran out. I can't afford a private attorney and I don't qualify for legal assistance.
  • 01-08-2015, 08:10 AM
    llworking
    Re: Order to Show Cause Appearance Procedural
    Quote:

    Quoting martyshaz
    View Post
    The OTSC is a request for a temporary custody order, transferring residential custody of my son to his father. No response was made because I was trying to get an attorney ASAP but I wasn't able to retain one before my time ran out. I can't afford a private attorney and I don't qualify for legal assistance.

    It really was a mistake not to respond. Hopefully the judge will allow you some latitude.
  • 01-08-2015, 08:25 AM
    CourtClerk
    Re: Order to Show Cause Appearance Procedural
    Quote:

    Quoting martyshaz
    View Post
    The OTSC is a request for a temporary custody order, transferring residential custody of my son to his father. No response was made because I was trying to get an attorney ASAP but I wasn't able to retain one before my time ran out. I can't afford a private attorney and I don't qualify for legal assistance.

    Oh, you're probably going to be screwed. There was no paralegal, no book in the library, no law library, no information anywhere on the internet you could find? Because in about less than a second, Google pulled up not only the form, but some pretty decent information to at least help you get SOMETHING in...
  • 01-08-2015, 09:24 AM
    Mr. Knowitall
    Re: What Happens at a Custody Court Hearing on an Order to Show Cause
    Quote:

    Quoting martyshaz
    View Post
    I am the respondent in an order to show cause proceeding.

    Are we talking about a contempt proceeding? Your subsequent post makes it appear that this is an emergency motion to change custody.
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