this is for parents who are have got full custody of their kids. I have a friend who told me you can get full custody without tell the other parent and that u can also get custody when the other parent dont sho up is this true??
2007-10-16 15:34:50 · 6 answers · asked by Downsouthgurl 1 in Family & Relationships ➔ Marriage & Divorce
The other party was not served and was not an unfit parent.
2007-10-16 15:46:46 · update #1
I ask this because I know of a person who is quite the ultimate female no man wants to deal with. From what I was told, she said she served the papers to her baby's father. Her brother "served" him the papers when really her brother may have signed the papers in her baby's fathers name. So the father was not aware that there was ever a court date to begin with. What happens to the girl and her brother for doing this and will the court call the baby's father to find out why he did not appear in court? If this helps they are in CA.
2007-10-16 15:47:24 · update #2
they lied and said they served them.
2007-10-16 15:50:37 · update #3
Technically, when you go in for a hearing in custody cases, both lawyers are informed of the where and when. Should one parent not show, its possible for the judge to award custody to the parent that did show. But the judge isnt going to take this straight to heart, they will review the file of the missing parent and determine if this is typical behavior.
Either parent is allowed to appeal the decision if matters like this happen. This would not be considered a permanant decision and one very likely to change.
AND if they find out you have delibertly led the spouse astray they can charge you with obstruction of justice, in which you will go to jail and not see your kids and when you do get out, most judges arent interested in awarding ex cons full custody.
THINK BEFORE YOU ACT
2007-10-16 15:44:05 · answer #1 · answered by Anonymous · 1⤊ 0⤋
NO, you can't get LEGAL custody without informing the other parent. If the other parent receives notice and chooses not to appear in court, then you can be awarded sole custody.
Get a lawyer. You can't do something like this correctly without the help of an attorney.
2007-10-16 22:45:52 · answer #2 · answered by Starla_C 7 · 0⤊ 0⤋
You can’t get custody without telling the other parent. The other parent has to be notified of the court proceeding. However, you can (and likely will) get custody if the other parent (or their attorney) doesn’t show up in court.
2007-10-16 22:44:03 · answer #3 · answered by kp 7 · 1⤊ 0⤋
Not unless you don't know where the other parent is and he doesn't respond to public notices in area newspapers. If he has been served papers to appear in court and does not appear, that is a whole 'nuther issue. Normally, if someone doesn't appear at court on their scheduled court date, they lose. Meaning, if you are there and he isn't, you should be awarded custody.
2007-10-16 22:45:37 · answer #4 · answered by ursobustedmr 3 · 0⤊ 1⤋
Absolutely! My ex got cocky after the divorce hearing and blew off the custody hearing that was on a different date thinking it would be postponed because he didn't show up. I got SOLE custody, visitation denied.
We both had attorneys and his attorney couldn't do a thing without him there to answer the judge!
2007-10-16 22:44:09 · answer #5 · answered by peggy m 5 · 0⤊ 2⤋
yes I seen it happend....never miss a court date!
2007-10-16 22:38:30 · answer #6 · answered by butterfly_kisses81501 3 · 0⤊ 1⤋