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What if BM Doesn't show up for Custody Hearing after already agreeing to Caseworker and being served already.

Leericalpoet's picture
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After a 6 year relationship me and my BM separated. We have two little boys. 1 and 3. She told me that she didn't want the kids and that I could have custody of them. We went to Juvenile Court. She and I both agreed to the Caseworker that I should have Custody. So the paperwork states that were both in agreement. The Caseworker served her on the spot. The Caseworker set the court date for two months later. Well now my kids mother is saying she is not going to show up. Because she feels that if I only get Temporary Custody she will still be able to get welfare from the state. Is it true.

WifeVersion2.0's picture

If she fails to show and has been properly served you should be able to obtain a default judgement. Bad move on her part but good news for you! If the default judgement awards custody of the children to you, then she will not be able to LEGALLY obtain welfare benefits for those children. Doesn't mean she won't try to do it anyway!

Pantera's picture

In my DH's case. BM was fighting for custody and didn't sign SS over or anything. She decided not to show up to the last 2 hearings. BM told DH that she wanted to waste his time, LOL, guess what...the judge awarded DH everything he wanted because BM didn't show up, the judge said it was "a waste of time to postpone". Good Luck with it all. Hopefully in your case they will see that you are better fit for parenting.