What happens if a response isn't filed to a 'Order to Show Cause' for change in custody?
-
My husband took his daughter's mom to court ex-parte to request temporary custody after his 4 year old daughter told him that she rides in the car on a pillow between the two front seats of the car when she travels with her mom because all the other seats are full. The mom just gave birth to another child, has no job or means of supporting either child and is living in a one bedroom apartment shared by eight people. The mom wasn't able to make it to the ex-parte hearing so the judge said for us to serve her with the order and requested that we come back on Dec. 4th. On Dec. 4th, we went to court and the mom didn't have a translator, couldn't afford a translator, didn't qualify for a fee waiver because three of the eight people in the house are working adults and the court looks at 'household income' and she hadn't filed a response. The judge told us all to come back on Dec. 12th and told her to get a translator and file a response. On January 12th, we were back in court. She hadn't filed a respone and didn't have a translator. We hired a translator for her because at that point we were just tired of all the delay and wanted to expedite things to hopefully get this child into a better environment. The judge told her she had until Dec. 22 to serve a response and for us to come back on Jan. 9th. It's Dec. 22nd and so far, we haven't seen a response. So what happens if she doesn't file a response again? Will the judge give her a fourth chance to file a response and postpone the trial again?? Or at some point with the judge say 'you had multiple chances to file a response and chose not to so I can only assume that you don't disagree with the order that was served to you' and proceed with the trial???
-
Answer:
By now you should have obtained the services of an attorney. You are being given the run around by a judge who should have entered a default judgment on your behalf when she failed to appear on the first hearing. Your attorney will be able to file for a summary judgment based on the facts before the court. So far, the court only has your facts, so they should be all that is considered.
mandilu at Yahoo! Answers Visit the source
Related Q & A:
- What happens to the temperature of a substance during a phase change?Best solution by Yahoo! Answers
- What happens in the medical field if you have a charge against you?Best solution by durhamtech.edu
- What happens at a modeling interview?Best solution by Yahoo! Answers
- What happens during a bar or bat mitzvah?Best solution by Yahoo! Answers
- What happens during a second job interview?Best solution by Yahoo! Answers
Just Added Q & A:
- How many active mobile subscribers are there in China?Best solution by Quora
- How to find the right vacation?Best solution by bookit.com
- How To Make Your Own Primer?Best solution by thekrazycouponlady.com
- How do you get the domain & range?Best solution by ChaCha
- How do you open pop up blockers?Best solution by Yahoo! Answers
For every problem there is a solution! Proved by Solucija.
-
Got an issue and looking for advice?
-
Ask Solucija to search every corner of the Web for help.
-
Get workable solutions and helpful tips in a moment.
Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.