In August I filed for emergency custody of my son my got frustrated and walked out. My sons mother then got sole custody. I'm not able to see my son with out taking her oldest also. She just wants money, so when I ask to see my son I have to give her money first. I met her to pick my son up a few weeks ago and upon arrival she was smoking marijuana in the car with him and my 4 year old was not in a car seat either. I again filed for emergency custody and a gal. The hearing is tomorrow (10-11-13) and I don't believe she is going to show after being served papers. What should I expect?
Ex parte means that the orders are granted by the court without the need for both parties to be present. That does not seem to be the situation from what you have described. As you have now learned, it is a mistake to walk away from a court hearing. If she did not show up in court (but you did), either the judge will have assigned a new date to make sure she has notice of the hearing or told you to refile the motion.
In any event, from what you describe, it is a situation in which you should retain an attorney. The GAL for your child is a good idea, but first speak to an experienced family attorney. You need representation.
Brian S. Karpe, Esq. (860) 242-2221 Note: This response DOES NOT constitute legal advice and therefore no specific action should be taken in reliance thereon. No attorney-client relationship is created through this response. You should speak to an licensed attorney in your state who is competent to answer your question before taking any action with regard to this question.
An exparte motion if granted and then properly served gives notice to the other party that a hearing will be held and that rights and obligations will be addressed. If she doesnt show and you provide sufficient proof that she was served with the paperwork by a marshal (usually needs to be in hand) then the hearing can go forward in her absence and only you get to testify as well as your witnesses if she fails to show up and fails to have counsel attend for her
This information provided is in the nature of general information and in no way creates an attorney client relationship with anyone including the individual who posted the question. Attorney Norris is licensed only in Connecticut and does not provide legal advice outside of the State of Connecticut. Answers given are solely not to be considered legal advice. For legal advice contact an attorney licensed in your state.
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