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

Worcester, MA |

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

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

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Attorney answers 5


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.


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 advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.


The court can grant a judgment

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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 right legal options and solutions will be provided. This answer is provided very limited and for informational purposes only. It should not be relied on, and does not create a client-attorney relationship.


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

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