Possibly being awarded custody because BM didn’t show up to court
Has this ever happened to anyone?
Last year, SO filed pro se to cement the schedule they'd had for years due to BM not allowing SS to come on his weekends and other issues that were impacting SS schedule with us and he also filed to start paying CS so she can't hold it over his head. They went to the first court date and mediation. The second court date SO was told he didn't need to show bc it was to set CS and he had already provided his information to the CS agency. Turns out he did need to show up(but was misinformed) and she didnt either. They eventually set the support but he needed to object to the decision so they could get a court date to set the schedule. When the court date to set the schedule comes, she doesn't come again and the judge started asking questions about our home, school district etc. he was even asked about her home school district etc. and they judge said they would send them a letter in the mail ruling on custody.
Does the court really just award custody because one parent didn't show up?
It is possible. He could have
It is possible. He could have also thrown out a bench warrant on her. Based on those questions, I am kind of surprised that isn't what happened.
I doubt it - he's just going
I doubt it - he's just going to make a decision in her absence, but not likely give your DH custody. Family court here won't issue bench warrants for a custody case.
That's what I was thinking.
That's what I was thinking.
I wasn't at the hearing so I'm just getting relayed information
It doesn't matter either way to me, just seemed extreme.
There was no mention of the warrant though.
I don't think Family Court
I don't think Family Court does them, at least they don't here. It's Civil court, not criminal
I know here if it is for
I know here if it is for custody or a show cause for child support they will... but who knows? I am sure they wouldn't do anything in SS's district!
He could get
50/50 custody if he wants that. What not that uncommon today. Are you ready to have SS 50% of the time. Have you talked about how that is going to work. Who is going to take care of SS. Get him to school if it goes back to full time. Ect
Yes, we've discussed that
Yes, we've discussed that which is why I'm not concerned about the custody part.
When he originally filed he filed for "shared parenting" to keep BM on the schedule that the already had and to stop her from not allowing SS over during their already agreed upon time. The schedule is 1 week day every week and every other weekend, which is also what they agreed to keep during mediation.
This was supposed to be the court date where the judge signed off on the agreement from The mediation but when she didn't show up the judge said he would rule on custody.
I didn't know that would be the norm just that they would rule on the mediation agreement in her absence.
Either way we have a plan and it's fine with me.
Yes, if she didn't show up,
Yes, if she didn't show up, the court will issue a continuance or a defacto order. Given what your SO was asking for, I would imagine it will be a defacto court order granting his petition. Although be forewared, it is very easy for Bm to fight.
Absolutely. Very few things
Absolutely. Very few things piss off a family court Judge more than a no show, particularly a two time no show. The Spermidiot pulled that with us during a CS review. First he physically ran from the Constable who was serving him with a court summons. Then he no showed for the hearing. The DA nailed his ass by increasing his CS from $133/mo to $785/mo and invoked direct payroll withholding of CS. The Spermidiot came screaming in to beg for a new hearing when he got his first $zero pay check due to the nearly 600% increase in CS and having it directly withheld from his pay checks by his employer. When it was all said and done the Judge rubbed his nose in his putrid behavioral crap and nailed him for two years of arrears for running from the Constable. So he had to pay the 6mos of $785/mo before trhe court date then another 24 months of arrears at $785/mo though the Judge also ruled that his CS would drop to $385/mo after the penalty period.
It is not a good idea to miss court dates or run from the process server.
Your DH needs to use BM's idiot moves against her agressively and if the Judge does not rub her nose in the stench of her behaviors, point them out just for shits and giggles and as a reminder.
Good luck.