Can the Fact that My Son Told Me His Father Touches Him Excuse Me From Honoring a Custody Order?

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“I had court hearing on July 30th 2012 . I mailed a letter to the court explaining the reasons why I would not be able to make it. July 30th came and I got a call from my kids’ father telling me that the judge told him that he had the right to pick up the kids on August 3rd, 2012. I was shocked because, since I didn’t get a response back from the court, I thought I was excused for that court hearing. I called the court to see if it was true and it was. On August 1st, when I told my kids that they had to go with their dad, my 7 year old son started to cry and told me that he didn’t want to go because his dad would touch him . On August 2nd I drove 5 hours to the town where he lives and got an emergency restraining order which is just for 7 days. I have court on August 10th for court to review; if the judge asks me why I didn’t give my ex the kids, will the restraining order help me by not letting him see my kids until they see what’s going on with my son? Or will the judge see it as “not a big deal” and let him see my kids?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

By not showing up for the hearing, you defaulted.  When someone defaults, usually the other party gets whatever they want. Bottom line: you messed up.  Defaulting shows the court that the matter is not really that important to you.  So does showing up without an attorney.  There are some serious issues you are alleging here, so, if you want the court to take it seriously, you need to take it seriously.  Show up at all hearings, with an attorney.



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Author: House Attorney

A house attorney has answered this question.