What happens if i do not show up for my court date today for family court

Asked over 2 years ago - Worcester, MA

my ex wants physical custody of my daughter who is living with him right now

Additional information

Will a warrant be issued for my arrest~ I have been having panic attacks all night

Attorney answers (5)

  1. Mark Twombly Lee

    Contributor Level 10


    Lawyers agree

    Answered . Bad things happen to people who don't go to court: I can't imagine what could possibly prevent you or be more important than going to court when someone else being asked to decide who has custody of your child. The court itself will draw a negative inference about you- obviously, which is either you are too unstable to make it to court yourself or simply don't care.

    In any event, if you don't go to court you will guarantee that custody will be placed with your ex and that it might become a permanent order. If custody was only placed with him on a temporary basis, you need to show up and explain why.

    An arrest warrant for you will not issue, now one is going to go looking for you, but actions and decsions will be taken and made against you without any imput from you.

  2. Todd Allen Davidson

    Contributor Level 14


    Lawyers agree

    Answered . If the hearing has be rescheduled due to you not showing up and your ex has an attorney, I would plan on paying that attorney's reasonable fees as well.

    The content of this answer should not be relied upon or used as a subsitute for consultation with professional... more
  3. Henry Lebensbaum

    Contributor Level 20


    Lawyer agrees

    Answered . The court can grant a judgment

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  4. Donna Keady Booth

    Contributor Level 10

    Answered . I agree with all of the answers you have received so far. The Court will not issue a warrant for your arrest if your ex has filed a modificaton of a custody order. However, if the court date is a Contempt hearing and you fail to show up, then the court has the power to issue a warrant for failing to appear. If you failed to go to a Contempt hearing today, you should probably contact an attorney immediately.

    Consultation with an attorney is the only way to be sure that all relevant information will be factored and the... more
  5. Valerie J. Semensi

    Contributor Level 9

    Answered . Never ignore a court date. If you do not show for a regular hearing, the judge may very well give custody to your ex-spouse. You only have a voice if you are there and a judge may not know your position, or think you don't care about custody if you don't attend.

    I am not sure what kind of hearing your are referring to, but there can be other consequences for not showing. If there is a summons for your appearance, there could be a bench warrant. If the hearing is to deal with contempt, you could be found in contempt and that could carry a jail sentence.

    Again...never ignore a court date! (and, get a lawyer).

    Best of luck!

    Valerie Semensi, Esq. @ 781.383.1940

Related Topics

Physical custody

Physical custody means the parent that the child lives with. Most parents have joint custody, but depending on the circumstances a court may award sole custody.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

22,904 answers this week

2,868 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,904 answers this week

2,868 attorneys answering