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  1. #1
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    Sep 2014
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    Default Speaking to the Judge Without the Other Party Present

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

    I would like to know if someone is able to speak to the judge during a modification hearing if the other party isn't present?
    My husband has to go to a modification hearing that was postponed due to his child's mom being in jail. He is the respondent in the case but is agreeing to the change. But since mom has a history of keeping child during his time he wants to speak to the judge and make it clear that he wants the time he's supposed to get. If mom isn't able to appear at this court date can my husband still speak to the judge about his feelings without mom present or do both parties have to be there?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Speaking to Judge Without Other Party Present

    Quote Quoting Wickedsm85
    View Post
    My question involves a child custody case from the State of: NY

    I would like to know if someone is able to speak to the judge during a modification hearing if the other party isn't present?
    My husband has to go to a modification hearing that was postponed due to his child's mom being in jail. He is the respondent in the case but is agreeing to the change. But since mom has a history of keeping child during his time he wants to speak to the judge and make it clear that he wants the time he's supposed to get. If mom isn't able to appear at this court date can my husband still speak to the judge about his feelings without mom present or do both parties have to be there?
    It really depends...there are lots of different ways it could go.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Speaking to Judge Without Other Party Present

    Quote Quoting Wickedsm85
    View Post
    My question involves a child custody case from the State of: NY

    I would like to know if someone is able to speak to the judge during a modification hearing if the other party isn't present?
    My husband has to go to a modification hearing that was postponed due to his child's mom being in jail. He is the respondent in the case but is agreeing to the change. But since mom has a history of keeping child during his time he wants to speak to the judge and make it clear that he wants the time he's supposed to get. If mom isn't able to appear at this court date can my husband still speak to the judge about his feelings without mom present or do both parties have to be there?
    If your husband is in court and the ex doesn't show up and the judge is present, your husband can "speak to the judge" for as long as the judge allows him to do so.

    If he's agreeing to the modification the hearing is not the time to express his "feelings" about the time he's supposed to get.

    The time to properly address those feelings is when the ex violates the visitation order. Then he gets to file for contempt and enforcement of the order.

  4. #4
    Join Date
    Sep 2014
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    111

    Default Re: Speaking to Judge Without Other Party Present

    If he goes in and agrees to the order without mom being present can the order be put forward effective once mom is out of jail? He was granted temporary physical custody at the first hearing due to mom's incarceration. He has already told the lawyer representing his child that he agrees to let mom have her for schooling but now is having a bit of a power trip because he has the "temporary full custody" card to play. Mom will only be in jail a total of 90 days.

  5. #5
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    Mar 2013
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    18,340

    Default Re: Speaking to Judge Without Other Party Present

    Quote Quoting Wickedsm85
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    If he goes in and agrees to the order without mom being present can the order be put forward effective once mom is out of jail? He was granted temporary physical custody at the first hearing due to mom's incarceration. He has already told the lawyer representing his child that he agrees to let mom have her for schooling but now is having a bit of a power trip because he has the "temporary full custody" card to play. Mom will only be in jail a total of 90 days.
    Why is he agreeing to anything while she is in jail?

    I would think that he would use that leverage to retain custody even after she gets out.

    After all, depending on what she was convicted of it might not be a good idea for her to have even partial custody.

  6. #6
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    Feb 2014
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    Default Re: Speaking to Judge Without Other Party Present


  7. #7
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    Jul 2012
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    So Cal
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    Default Re: Speaking to Judge Without Other Party Present

    Quote Quoting BooRennie
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    Uy.

    Thanks for the reminder Boo.

  8. #8
    Join Date
    Sep 2014
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    111

    Default Re: Speaking to the Judge Without the Other Party Present

    Mom is only in jail for something minor. If my husband goes in on his court date (assuming mom won't be there) and tells the judge he agrees to the modification what could happen? She will be out of jail in about 3 weeks.

  9. #9
    Join Date
    Jan 2015
    Location
    Bedford, Texas
    Posts
    109

    Default Re: Speaking to the Judge Without the Other Party Present

    If all parties to the hearing were properly noticed and a party does not appear personally or through an attorney then in many situations the parties appearing may proceed with the hearing if the judge permits it. However, your state's rules or local court policies may require a party to inform the judge that he or she knows the other party is not available due to incarceration and the judge may choose (or be required to) reset the hearing for another time. The judge may also merely choose to reset the hearing to give the other party an opportunity to appear before ruling. Your state's civil procedure rules will address this issue.

  10. #10
    Join Date
    Sep 2014
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    111

    Default Re: Speaking to the Judge Without the Other Party Present

    The judge already knows she's incarcerated that's how my husband was given temporary full custody. He really wants to speak to the judge to just agree to the modification and not have to keep going back to court (taking time off from work etc) and have it put into place. If mom isn't able to attend court she only has 3 more weeks to serve anyway before she's out.

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