I am the father and am seeking joint legal and physical custody of my 18 month old son. So far I have been kept out of his life. I was not named on the birth certificate. But, recently a DNA test was done and I now have some legal standing. So far I have filed for joint legal and physical custody and had a date for mediation, which my son's mother did not come to though she was served. There is a court date before a judge coming up. What happens if she doesn't show for that date? Then what happens? Thank you for your help.
The court will not look favorably upon her failing to show up to mediation. The court may order the parties to meet and see if a settlement can be reached prior to proceeding forward with the hearing. If she fails to show for the court date, assuming all proper procedure has been complied with, and you have been established as the father, the court may make orders regarding custody and visitation as to the best interests of the child. Note that since you have not had visitation with the minor child for some time, and based on his age, the court may start with limited visitation time and then gradually increase it as the child gets older. The standard the court will be considering, after your parental rights have been established, is the best interests of the child.
You may want to speak further with an attorney to make sure all procedure is properly complied with. We offer free consultations. Please feel free to contact us directly at 949-261-8880.
Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.