FAPA and ex parte show cause

Asked over 1 year ago - Bend, OR

I was not consulted regarding a show cause hearing set to carry over next month due to improper service/notice, repondent phoned in an offer to take 1 overnight and 2 afternoons, instead of the 50/50 previously demanded. Seems to me the whole point of a FAPA is nil if he is given unsupervised parenting time. Resp wants sole custody and no spousal support etc. The offer is just a toe in the door to getting the protective order tossed. What are my options without an attorney? He makes 65k and I have no income yet.

Attorney answers (4)

  1. Shannon L. Hall


    Contributor Level 13


    Lawyers agree

    Answered . I agree that you need to talk to an attorney - at least get a consultation. It sounds like there may also be a divorce involved (or if not, there probably should be - for one thing, you cannot get spousal support in a FAPA proceeding). It is hard to say whether the respondent's offer for parenting time is reasonable without knowing the circumstances surrounding the restraining order - but it is not unusual for a parent to have a restraining order against them, but still have unsupervised parenting time if the circumstances did not involve harm to the child. It is also hard to say what your options are without an attorney because you dont really state what your goals are.

    My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-... more
  2. Christopher L Cauble

    Contributor Level 12


    Lawyers agree

    Answered . FAPA hearings are frequently a tactic to get temporary custody. I can't really tell from this as to what all of the issues are. You really need to talk to an attorney to get proper advice because you cannot get your questions answered on this site. You may be able to talk to a pro-bono attorney. You need to at least respond to the petition and appear at the hearing or else an order will be entered against you.

  3. Robert Bruce Kopelson

    Contributor Level 20


    Lawyers agree

    Answered . You really need to consult with a local family lawyer, even if you cant afford to hire for full representation. You need to find out the local procedures, how the local judges handle these types of issues, and what to expect. I wouldnt make a fuss about improper service, unless you dont find about about a hearing until the last minute or at all, and thus cant be there or be prepared.

  4. Constantine D. Buzunis

    Contributor Level 17


    Lawyers agree

    Answered . i agree with attorney Kopelson.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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