-father who started this whole process is incarcerated for child rape 3.
-court clerk said he won't be able to go but I still have to, she also said the judge may just reschedule till he is out... His pretrial date is this month & he has a court app.attorney
- I want this all dropped I don't even want my proposed parenting plan approved because I did it before he got arrested.
What will happen at this conference since he won't be there? What should I bring? What is the process? Can I ask the judge to have this dismissed?
The purpose of a settlement conference is to determine if you can come to an agreement with the other party without going to trial. You are not obliged to agree to anything and have a right to have the trial judges decide the issues. In sort, nothing will probably happen because he won't be there to agree to anything, unless he is allowed to appear by phone. You should bring a proposed parenting plan, child support worksheets, financial declaration and tax returns for he past two years
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
If the father filed the action, you probably can't get it dismissed without his agreement.
You also have to be sure that you are taking all necessary steps to protect your children. If the father is convicted, and until any existing court orders restricting him are lifted, you need to follow through in getting and obeying any court orders which safeguard the children. Otherwise, that could be viewed as YOUR neglecting the children.
Legal disclaimer: [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
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