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custodial parent never shows for court

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beth_parr

Member
What is the name of your state?Michigan

My boyfriend has been to court maybe like 7 times for different matters regarding his son. The mom who has sole custody never shows up to court. She was living in Colorado for most of the past 5 years. everytime there was a court date she would call the court and ask for more time to appear, then she would not show up and she would actually move so the court or we could not find her she has moved over 10 times in the past 5 years and we were told by family members that she and the son were living in her car off and on for the past 3 years. She never follows the court orders. she was even ordered to return the son to MI within 21 days back in 2002 but she never did, not even after a show cause hearing. Just recently she has returned to MI, (within the last 9 months or so) and we found out the the son was in foster care in 2002 for being neglected. Most recently the son was in the backseat of a stolen car being driven by the mother. we just went to court for a custody hearing and she still didn't show. a few days before the custody hearing the mom's boyfriend called us up and asked us if my boyfriend would be willing to sign over his rights to the child. he of course said no. the mom's boyfriend told us that they were planning on moving to texas and that the mom and the son had already moved to another residence in MI after she was served with the custody court papers.

my question is how will the judge and custody evaluators look at this. will they just grant a default judgment if mom is a no show? We have a custody evaluation that will be scheduled some time in the next two months and we figure that mom won't show.

thanks

oh by the way we don't even know the son. we haven't seen him since 2002 and that was only for like 15 min he was 18months old at the time. he is now 5. also at the age of 2 he couldn't talk, wouldn't hold eye contact, and was overly agressive. (he had a psych eval when he was in foster care.) So we are really worried how he will deal with all of this, if my boyfriend is granted custody.
 


seniorjudge

Senior Member
If your friend has a lawyer, fire that attorney and get a good one.

If he doesn't have a lawyer, he needs to get a good one...this is a complicated case.
 

snostar

Senior Member
oes the mother haver an attorney representing her? what has been the judges reaction to the "no shows?"
 

beth_parr

Member
No he does not have a lawyer, can't afford one. and the mom does not have one either. We don't go in front of a judge. we go in front of a referee who then makes a recomendation too the judge, then the judge either signs or dosen't sign. In our case the judge has always signed in the past but the process takes for ever almost 2 months just to get it done. right now we are just waiting. I would love to get directly in front of the judge but i don't know how to do that. I don't understand why the mom won't show. Not to talk bad about her but I am begining to wonder if she is just plain stupid.

anyone know how to get infront of the judge? Or have any suggestions? We do consult with a legal aid service but we don't qualify for representation, just advice.

thanks, beth

we are really worried she is going to run with the child again, which she is most likely in the process of right now. we explanied this to the referee and he knows she never shows but he said all he could do was recomend a custody evaluation.
 

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