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Carman, Bevington & Finegan Blog

Help! I Did Not Show Up for a Custody Hearing!

If a necessary party does not appear at a civil hearing, the court could enter a default judgment in favor of the other party. “Default” has an air of finality, but in most cases, that is not true, especially in child custody matters. Unlike contracts and other civil cases, custody disputes are not a matter of winning and losing. Rather, custody hearings ensure that the best interests of the child are upheld. Judges cannot do that if they only hear one side of the story.

A strong advocate, like a good Brandon child custody lawyer, is like a strong broadcast signal. Good signals ensure that many people hear a message, and a good lawyer ensures that your message gets across. An attorney is an equally strong voice for you around a negotiating table, where over 90% of child custody and other civil matters are resolved. People who try to save money by handling their own cases usually get what they pay for.

Rescheduling the Hearing

Frequently, if a party does not appear at a custody hearing, especially if it is a preliminary hearing, the judge unilaterally reschedules the hearing. As mentioned, the judge wants to hear both sides of the story before making a decision.

If the judge does not reschedule the hearing, a Brandon child custody lawyer can usually reschedule it, as long as the missed hearing was the result of unintentional neglect as opposed to willful disregard.

Unintentional neglect usually means a scheduling error. Everyone, even judges, sometimes enters appointments on the wrong date or at the wrong time. People who live in glass houses should not throw stones.

Other times, something came up at the last minute. In these situations, courts usually reschedule custody hearings for cause, which is basically any reason better than my cat being sick. Judges are not nearly as lenient in other areas, especially criminal law.

Willful disregard is deliberately ignoring a court order. When the Supreme Court refused to overturn a socialist’s criminal conviction in 1920, he referred to the Justices as “begowned, bewhiskered, bepowdered old fossils who have never decided anything.” That is willful disregard. People who post rants on social media also willfully disregard the court’s authority.

The stakes are higher if the hearing involves a writ of habeas corpus. Sometimes, especially in very bitter child custody disputes, the judge commands a parent to bring the children to court at a certain time, to resolve the matter once and for all. Missing such a hearing could result in not only a default judgment but also an arrest warrant.

Resolving the Matter

Judges strongly encourage litigants to resolve their disputes out of court. An out-of-court settlement is a process, not a result. In some cases, this process almost entirely bypasses the legal system.

Informal settlement talks usually begin almost immediately. These talks are often successful if the parents agree on most issues but have a few wrinkles to iron out.

Other disputes require the assistance of a professional mediator. A mediator helps two sides come together and, perhaps more importantly, ensures that they negotiate in good faith. “My way or the highway” is not a good-faith offer. Largely because of this added responsibility, civil mediation usually resolves even the toughest child custody disputes.

Reach Out to a Hard-Working Sarasota County Divorce Attorney

Divorce and related issues are pressing matters for most families. For a free consultation with an experienced child custody lawyer in Sarasota, contact Carman, Bevington & Finegan, P.A. Virtual, home, and after-hours visits are available.