Custody evaluation report

[Anonymous]

Anonymous wrote:Custody court cases seem voluntary to me

What happens if one parent just doesn’t participate in a hearing? Will a judge order termination of a parental right in absence of a parent? Like “Oh Dads not here, give rights/custody to the mom.” Or moms not here, just give the rights/custody of the child to dad?

It’s not like a debt case where they rule against you right ?

Does anyone know?

If one parent asks for custody, and the other either expresses that they don't, or doesn't file at all the parent who wants it will get it. The parent who wants custody will likely get full custody and decision making. It's possible that some visitation will be added, in case the parent wants to start using it.

Rights is something different. Courts don't terminate parental rights easily, and generally only when someone wants to assume those rights, such as a step parent adoption. Terminating rights means that the parent has no obligation for child support, and that they can't pursue visitation or parenting time ever again. Courts are very hesitation to do that.

[Anonymous]

“If one parent asks for custody, and the other either expresses that they don't, or doesn't file at all the parent who wants it will get it. “

No. That is not how due process works. That is not entirely correct. Lack of expression does not mean consent

[Anonymous]

The judge is more likely to delay the custody hearing until it’s convenient or amendable for the Defendant. They do not like to change family arrangements from status quo by a ruling that is permanent— which is what the ruling effectively is.


Unless the parent/petitioner can show some urgency or need, I do not think a judge would make a ruling in the absence of a parent. I just don’t. They are more likely to postpone the decision, I think

I mean there is due process after all

[Anonymous]

MAYBE A JUDGE would give IMMEDIATE TEMPORARY solo parenting rights. But even that, HOW would they go through all of their custody analysis with just one parent presenting their side and wishes for their child ???!

[Anonymous]

Who has actual experience with this?

[Anonymous]

Anonymous wrote:MAYBE A JUDGE would give IMMEDIATE TEMPORARY solo parenting rights. But even that, HOW would they go through all of their custody analysis with just one parent presenting their side and wishes for their child ???!

All custody agreements, unless they are TPR are temporary. Yes, if a judge has a situation where one parent is in front of them asking for custody, and the other parent has been absent from the kids' lives, and hasn't responded to the court at all, the judge will give custody (not rights, rights is something different) to the parent who is asking for the kids. Now, the other parent could return to court, particularly if there has been a change in circumstances, and there might be a different outcome, but for right now, the kids will go home to the parent who is asking for them, barring something very unfortunate like a finding of abuse against the parent who is asking for the kids.

Now, if the other parent has been making an effort to parent, and something prevented them from filing the correct paperwork, that's a different story altogether. But the comment was about parents who are completely absent.

[Anonymous]

Anonymous wrote:The judge is more likely to delay the custody hearing until it’s convenient or amendable for the Defendant. They do not like to change family arrangements from status quo by a ruling that is permanent— which is what the ruling effectively is.


Unless the parent/petitioner can show some urgency or need, I do not think a judge would make a ruling in the absence of a parent. I just don’t. They are more likely to postpone the decision, I think

I mean there is due process after all

PP said a parent who doesn't participate in the process at all, not a parent who expresses that a certain time is inconvenient, or impossible due to something like incarceration or surgery, or a parent who is otherwise involved but overlooked something in the process.

[Anonymous]

What happens if the parent does not sign the custody agreement that other parent drafts? Can he/she be forced to sign?

Can that be a temporary arrangement too? I don’t get why a parent would ask for an evaluation unless like they plan to move away (like OP).

Is that because they are trying to prevent something?

[Anonymous]

OP does not drive children to father on weekends. She said that she is in another state. That is why he is seeking an intervention.

[Anonymous]

He wants to parent his kids and so he had to get a lawyer.

[Anonymous]

Anonymous wrote:What happens if the parent does not sign the custody agreement that other parent drafts? Can he/she be forced to sign?

Can that be a temporary arrangement too? I don’t get why a parent would ask for an evaluation unless like they plan to move away (like OP).

Is that because they are trying to prevent something?

I can only speak to Maryland. Unless it’s divorce by mutual consent, the parent who files for divorce needs to lay out the plan that they want. The other parent can then either agree to that plan or file their own plan. If the parties disagree then they can negotiate with or without their lawyers or go through mediation or go to court.

If the other parent doesn’t respond at all, or can’t be found to be served, then eventually a default divorce may be granted.

[Anonymous]

Anonymous wrote:

Anonymous wrote:MAYBE A JUDGE would give IMMEDIATE TEMPORARY solo parenting rights. But even that, HOW would they go through all of their custody analysis with just one parent presenting their side and wishes for their child ???!

All custody agreements, unless they are TPR are temporary. Yes, if a judge has a situation where one parent is in front of them asking for custody, and the other parent has been absent from the kids' lives, and hasn't responded to the court at all, the judge will give custody (not rights, rights is something different) to the parent who is asking for the kids. Now, the other parent could return to court, particularly if there has been a change in circumstances, and there might be a different outcome, but for right now, the kids will go home to the parent who is asking for them, barring something very unfortunate like a finding of abuse against the parent who is asking for the kids.

Now, if the other parent has been making an effort to parent, and something prevented them from filing the correct paperwork, that's a different story altogether. But the comment was about parents who are completely absent.

What do you mean “the kids will go home with the parent who is asking do them? Wouldn’t that child would already be with that parent if the other parent did not show up? — Or would the court get the police to take the child from the other parent? I am confused about “go home”
part.

And why a parent would need this if the other parent is not contesting. Would they determine child support without the other parent present???

[Anonymous]

I just don’t get why any custody agreements are necessary at all in these cases.

[Anonymous]

Anonymous wrote:OP does not drive children to father on weekends. She said that she is in another state. That is why he is seeking an intervention.

No OP is not in another state yet. She wants to move to another state. He is the one who filed for custody in family court and filed an eviction case in housing court. The children went with her as she moved out five days before the eviction trial. It was his house and she never married him. OP also has driven the children to the ex and the children have refused to get out of the car and forcibly removing tweens out of the car is not wise, don't you think?

[Anonymous]

I decided to let her get whatever custody my ex asked for. The judge did not decide any payments since she did not have evidence of my income.

My ex and I determined that much later. At that point, which was over six months later, we worked it out between us. I put it in the county calculator. My kids get everything they need.