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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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 ???! [/quote]

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.  [/quote]

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???[/quote]

OK, I completely flubbed that.   I was writing and doing something else at the same time.

If a parent who has had the kids 100% of the time, goes to court to establish a custody agreement, and either the other parent can't be found, or evades service, or is served and doesn't respond, the parent who has the kids will keep the kids.   The judge isn't going to force custody on someone who has made it clear they don't want to be part of the kids' lives, when there's another parent who wants them. Custody orders aren't "permanent" in the way other people use the word.  The other parent can come back and request to have it revisited.  But no judge, even a judge who believes in 50/50 is going to to award 50% custody to a parent who can't be found, and is doing everything in their power to avoid custody.  Similarly, if Parent A files asking to have primary custody, with Parent B seeing the kids once a week, and Parent B files and says they'd rather have them once a month, the judge isn't going to give Parent B primary custody.

As to why a parent would need a custody order if the other parent doesn't want the kids: to obtain child support, as a step towards an eventual step parent adoption, because they are filing for divorce and custody is one of the things that gets settled in the divorce process, because of concerns about the kids' safety, etc . . .

As to child support, the filing parent may be able to find evidence of what the other parent earns, or evidence of what they earned before they disappeared, or whatever. They might be able to subpoena information from the employer, or other form of income.  But if refusing to show up in court meant that you'd never owe child support, we'd see plenty of people doing that. [/quote]

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