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What happens when you miss a child support court date?

Syracuse, NY |

Took the wrong day off from work for the first child support case, nobody contacted me and I realized too late in the night to call anyone. Should I call the court house or go there first thing in the morning? My ex was granted custody and 100 dollars a week and was told I will be getting served with papers again. We already had one court date where I was granted joint custody.

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Attorney answers 1

Posted

What happens is that the case is decided on a default, and you lose. If you promptly respond and have a good excuse (yours is borderline) and a meritorious claim on the underlying petition the Court has the discretion to vacate (that means reverse) the default and grant a new hearing. But it doesn't have to.

Asker

Posted

I had called to RS the date for my first CSRP because of car difficulties and they still gave my ex primary conservator temporarily. They told me they would send me a new date to go to the CSRP, instead I was presented with papers from an officer stating I was the custodial and my ex was granted Primary because he showed up to the CSRP. I was mad! So I hired a lawyer and am waiting for my court date...I want to be Primary of my son, what are my chances on winning in court?

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