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M

MyOnlySon

Guest
What is the name of your state? on the 23rd of next month my sons mother and I have a court date. she called and said that she wouldn't be able to attend and pleaded w/me not to also, what are the chances of winning the case?& what questions might the courts ask? we where not legally married and there is no court orders in place at this time...also, he's w/her mother at the time..at this point do i need someone to represent me or can i do it myself? i filed the petition!!!:confused:
 


kat1963

Senior Member
What did you file? Come on now, you took the time to file the petition, didn't you think you were going to have to see the judge? Of course you did. You have a month to prepare your case. Who cares if she shows or not. The judge could award you a default judgement (or you may have to file for a default judgement, it's up to the judges here in VA) or the judge could continue it....more delays. Heck, if I knew she wasn't going to bother to show, I'd change it to a custody motion.
KAT
 

Bre's_mom

Member
I agree with KAT, who cares if she shows, its actually might be better if she dont. The judge could let you have what you want, since she didn't show.. What are you filing for? Good Luck:p
 
M

MyOnlySon

Guest
Is there something I don't know

kat1963 said:
What did you file? Come on now, you took the time to file the petition, didn't you think you were going to have to see the judge? Of course you did. You have a month to prepare your case. Who cares if she shows or not. The judge could award you a default judgement (or you may have to file for a default judgement, it's up to the judges here in VA) or the judge could continue it....more delays. Heck, if I knew she wasn't going to bother to show, I'd change it to a custody motion.
KAT
Well, Custody Pursuant to section 16.1-241 (a3) is this the one or is there something else I must file
 

kat1963

Senior Member
Yes, that is the code "custody under controversy", kinda a general thing. I'd hold off on support. If you do get custody, then you can file with child support collections, let them handle things, it doesn't cost you in Va and you don't even have to appear. Just my thoughts, but you are certainly within your rights to file for support at the same time as custody. Why isn't she going to show? Do you think she will even answer the motions?

KAT
 
M

Mansey

Guest
When I filed on my sons father and he did not show up, the Judge granted me everything I asked for and he also calculated the child support payments based on what I thought the father was making. This was in California.
 

kat1963

Senior Member
I forgot, you may want to include a subpeona for your child to be there w/the motion for change in custody, for for custody depending if there is an order.

KAT
 
M

MyOnlySon

Guest
kat1963 said:
I forgot, you may want to include a subpeona for your child to be there w/the motion for change in custody, for for custody depending if there is an order.

KAT
So sorry that i didn't responed sooner but have been dealing w/this issue on the emotional side.....been check'n n 2 that but under va law i or either party would have to pay for cost to an from but, would this greatly benfit my chances? another question where u once in the military? had a friend who used the same name....know that it may not mean anything but who knows
 

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