probably an odd question

[zefkai]

What is the name of your state? IL
so my ex b/f the father of my children has filed for custody but it appears that he won't be there for the hearing i've heard that if he doesn't show up i will be granted sole custody any one know if thats true??

 

[fairisfair]

no one could possible "know" what is going to happen. Why would he file and then not show up??

 

[Zephyr]

did you ask for sole custody in a response or a motion?

 

[zefkai]

well i think he's not goin to show up cuz he has warrants out now and he knows it he is on the run. and anyone know if the father has a bad criminal record if that help me in any way to get sole custody?

 

[CandiceH]

well i think he's not goin to show up cuz he has warrants out now and he knows it he is on the run. and anyone know if the father has a bad criminal record if that help me in any way to get sole custody?

well, duh!

 

[Halls]

Well if he doesn't show up it really is up to a judge to decide if you get sole custody or not. I have a friend that this happend to him and he got sole custody based on mom not showing up for court. Who knows, all judges are different.

 

[fairisfair]

did you ask for sole custody in a response or a motion?

I am only guessing, but she does say that HE filed for custody. She makes no mention of filing anything herself. that is why I did not present the idea of default.

 

[fairisfair]

Well if he doesn't show up it really is up to a judge to decide if you get sole custody or not. I have a friend that this happend to him and he got sole custody based on mom not showing up for court. Who knows, all judges are different.

read the post carefully Halls.

 

[CJane]

well i think he's not goin to show up cuz he has warrants out now and he knows it he is on the run. and anyone know if the father has a bad criminal record if that help me in any way to get sole custody?

Not as much as you would hope. Particularly if that 'bad' criminal record began or continued while you were with him. It's exceedingly difficult to use something against someone if you were 'ok' with it while with them.

There are times it WILL help.

If he was physically abusive to the children, and that's documented through court involvement...

If he's been convicted of DUI while the children were with him...

If he's been convicted of drug use/selling while the children were with him...

Essentially, you have to prove that his criminal behavior presents enough of a danger to the children that he shouldn't be allowed to make any decisions relating to their welfare (legal custody) or that he shouldn't be allowed to see them (sole physical/no visitation).

BUT (!!!) You have to actually REQUEST that sole custody be awarded to you. A default judgement in your favor can only take place if you've requested that the judge grant you something. That's why the other people in this thread asked if you'd filed anything.

 

[zefkai]

ok so how soon to the court date can i file otherwise then?