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Home > Articles > Failure to Appear at Custody Hearing

Failure to Appear at Custody Hearing


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Failure to appear at a child custody hearing would generally imply the inability of the defendant to appear before the court of justice within the stipulated time. Failure to appear before the court at the time of a child custody hearing inspite of repeated summons is a serious offense. The punishment for this offense can vary from issuance of a civil warrant for arrest, imprisonment and a huge amount of money as fine. Many a times, judges consider this as a contempt of court, resulting in dismissing the case or giving a ruling in favor of the second party.

Before any case is taken for hearing, both the parties are intimated by the court in advance regarding the date of hearing. In these circumstances, courts require an evidence to prove that the defendant has been intimated but has failed to appear. In such cases, the support order can be entered by the court in the absence of the defendant. Otherwise, an arrest warrant notice would be issued to the defendant for his failure to appear. In cases involving paternity issues, failure to appear before the court can be suicidal for the trial. Judges can enter an order establishing paternity in favor of the second party.

In case of child support cases, failure of the plaintiff or the person requesting for support to appear before the court can be troublesome for him. A judge can even dismiss the case unless the plaintiff is on public assistance. In these cases, the Department of Public Welfare would be intimated regarding the non-cooperation of the parent, resulting in the plaintiff being removed from public assistance service.

If you are seeking information related to a failure to appear at custody hearing you would do well to consult an attorney in your jurisdiction to help you learn where you stand legally on this matter and learn what your legal rights and legal options are.

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© 2007 Child Custody Coach

Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, divorce, child custody evaluations, parenting, and all child custody related issues. Custody Match is an online consumer and family law attorney matching service to help consumers find the right family law attorney, divorce lawyer, or child custody attorney in their area.

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Steven Carlson, The Custody Coach®
Child Custody Coach
Orange County, California
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