What is an inquest in family court and what will happen?

Asked 12 months ago - Kingston, NY

My ex has not shown up for the past two court dates. The first one she was having a psych eval done as part of her plea bargain for her arrest and charges of assault and endangering the welfare of a child. The past no show was 4 weeks ago and Ex said she "forgot". Originally the judge said she would not make a ruling on my sole legal custody petition until the charges were ruled upon in my ex's county. After the most recent no show the judge ordered the next date be an inquest and trial. What does that mean? My lawyer is great at court but not so good with communication. What do I need to do to be ready for the next date? My ex also had her other children removed back In January and places with foster families.

Additional information

I've had primary physical custody for the past 6 years and have temporary sole physical and legal custody. My ex is permitted supervised visits 3 hours once a week which she 9 times out of 10 cancels. She got her daughter back for 4 weeks before CPS came back and again removed her a month ago.

Attorney answers (3)

  1. David Zaslavsky

    Contributor Level 18

    5

    Lawyers agree

    Answered . During an inquest the court takes testimony regarding the reasons why the case needs to be decided in favor of one side of the other. This is a situation when your attorney should prepare you to give testify in order for the court to have cause to rule in your favor.

    Ask your attorney directly what you need to do and how you need to prepare.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  2. Maria C. Tebano

    Contributor Level 15

    4

    Lawyers agree

    Answered . Thats where you give testimony on the allegations contained in your petition to support why you should receive the relief you request. However, if the other parent does not show up at trial, you should prevail based on her default.

  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . An inquest is a one-sided trial. It happens when one side decides not to participate in the case. You let it rip at an inquest.

    Good luck.

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