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  1. #1
    Join Date
    Sep 2006
    Posts
    28

    Angry Appearing in court

    I have a custody case coming up, actually it is tomorrow. I know for a fact that it is going to be tranferred to a different county(ultimatley adjourned). I can not take time off of work tomorrow and called the courthouse to tell them that, but they said it is up to the plaintiff's attorney to agree to postpone it, which I know he wont do. Last month he didn't show up to court and it was adjourned - why do the attorney's get to be no-shows but if a defendant does that they would loose their kids! What is the worse that would happen if I called and said I can't go, I am not lying, I really can't without losing my job. I can call in if they need to since it is only going to be adjourned anyway - it doesn't make any sence that they force me to appaear just to tranfer it, nothing is going to be done in the court that day or even at all in that county. What should I do?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Appearing in court

    Do you not have a lawyer of your own?

  3. #3
    Join Date
    Sep 2006
    Posts
    28

    Default Re: Appearing in court

    No I don't - I can't afford one and have to use assigned counsel, which drives me nuts, but I have no choice. They held the first appearance withouth me, but transferred it to family court. I am trying to get it tranferred to where the children and I live, which they have done before with child support issues (which he still hans't paid). But I have to appear in his county and personally request it they said, which I never had to do before, it's just a waist of time for there is no way in hell he can get custody, they might even terminate his rights due to his abusive past and current drug and alocohol addictions. He is just doing it to harass me and put off paying what he owes. I don't understand why they don't find him in willful violation for refuisng to pay, but they never do, it's just not fair - he doesn't support them at all and hasn't bought them one thing in 4 years. I would assume not have any money from him by terminating his rights, he doesn't exercise them anyway (hasn't seen or spoken to them in over 3 years).

    I am not going to request my attorney until after the next appearance since I don't know what county it will be held in. If anyone has suggestions on getting him jailed for willful violation of child support I'd appreciate that! Thansk!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Appearing in court

    If you don't have a lawyer, you have to show up for required court appearances yourself. If you wish to avoid attending hearings where a lawyer can attend without your presence, you need a lawyer. There are sources of legal assistance in every state for those who can't afford lawyers, although in some states and regions it can be hard to find help - but you didn't identify your state.

  5. #5
    Join Date
    Sep 2006
    Posts
    28

    Default Re: Appearing in court

    I am in NY (sorry about that). I have sent several e-mail to loal attorneys but none of them want to help without a consultation fee. I shouldn't get so worked up over it - I know the children are staying with me. But my oldest daughter (she is 12) refuses to see her father anyway so will the court take that into consideration? Her brother is 9 and he doens't remember a lot of the abuse sine he was 3 when I left, but he does make comments about having my fiance adopt him to have a real dad. If the court agrees my daughter doesn't have to see her dad why should my son have to since he really doesn't know what is going on? If the court orders visits with only my son what happens if he doesn't want to go - I am not going to force him. He said he doens't want to be alone with him but wouldn't mind seeing him to ask him why he deserted them (in so many words).

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