I'm expecting other party to not show and this is to establish physical placement of my child who have not seen in four years and have been paying child support entire time, my lawyer says we can than ask for relief from judge, but im not quite sure what that means -I've requested my support payments cease until I get visitation, and for the amount calculated for when there is a placement order to reflect the time with child. I believe if she's a no show the support requests most likely granted. However as mentioned previously its been a while since I seen my daughter and lawyer says temporary visitation order not likely?? I want the judge to considering me any kind of visit whether supervised at McDonald's if so be it. I want our healing process to start immediately?Any thing I can do?
It is difficult to answer your question without the complete history of the case. Generally, however, when one party does not show up to a hearing, the other party prevails by default. But given your questions and the lawyer's statements you related, the history of your case may yield a different outcome. You should be asking your lawyer these questions. If he or she is unable to satisfactorily answer your questions, you should hire another lawyer.
The court has the discretion to proceed with the hearing in the absence of the other party and grant whatever you are asking the court to do for you (the purpose behind why you filed your court papers in the first place), they will do for you that day; a person who has been properly served with legal court papers to appear in court and fails to show up, does so at their own peril. The other option some courts take is to adjourn and have you notify the other party of the adjourned date and if they fail to show up a second time, proceed with the court hearing, whether the person is there or not; it depends on the issues of the case and who the court official is. I can tell you from years of experience, it is rare when a person in a family court matter who has been properly served to appear in court, fails to show up for their court hearing; it does happen, but not very often.
It is important to keep in mind that your obligation to support the child remains regardless of whether you have placement (visitation) with the child. Thus, your child support will not be terminated simply because you are not seeing the child. If there is no visitation order in place or you want to modify a placement order, you must file a motion requesting the establishment/modification with the Court. As for service, if this an action for establishment of placement (i.e., the court has never addressed placement in a previous order, you would either have to have the other party personally served or have service done by publication if you cannot locate the party (which would present its own problems with convincing the court to issue an order if you don't know where the child is even located). If the action is for modification, the motion simply needs to be sent to the last known address of the party that the Court has on file. If you can accomplish personal service (having a non-party hand deliver the motion to the other party), go with personal service.
My answer does not make me your attorney or create a former-client/current-client relationship with you. I encourage you to speak with an attorney before acting upon any of the statements made on Avvo.com. If you would like to speak with me further about your issue, please schedule a free initial consultation (in person or over the phone) by calling my office at (920) 459-8490, or by emailing me at [email protected] You can also visit www.klpplaw.com for more information.
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