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what to expect at court hearing

Started by balleros, Jan 09, 2016, 08:44:09 AM

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balleros

My son is 4 and I have been receiving child support since he was 9 months but I never filed for Custody. he has my last name and bio father and I were never married.

We have a court date coming up and I am wondering what the process is like since I never went to a court date. So far everything was handled by Los Angeles child support system without us being present because none iof us questioned the state mandated child support amount.

So this is our first time. Do we see a clerk first or do we go directly to judge? is it a room where we are alone or do all people with same appointment wait there?

Bio father did not go to mediadtion appointment so I don't know if judge will grant my request for sole custody based on that fact and the fact he only saw his son for 1 hour in these 4 1/2 years or if he will really listen to what father has to say. I also filed it in a way that gives father visitation hours so that they can bond.

can I reject a decision the judge makes (if it is against what I filed for)? can I say that I need time to think about it?

thanks

ocean

Not sure why you filed as you already have custody....especially when dad is not involved and you are receiving child support. Sole custody is asking for what you already have.....but in court , judges like to give joint legal custody (not half /half visits just legal decisions). What the judge orders is final say.

When you go in, usually there is a waiting room and you check in with the court officer. They will ask both of you if you have a lawyer. If there are lawyers, they will talk to see if they can go in with an agreement between the two of you. If he has a lawyer , they may try to talk to you before you go in to settle. Once you go in, it is usually a court room type...you have a table and his side will have a table with a judge. You will be asked to state your name and address then the hearing will start. A hearing is just to see what is going on with the case. If you do not agree in court or if he does not show up, another hearing will prob be scheduled to try and let dad have his day in court. A trial is given when you don't agree and then you will have to show you you deserve  sole custody and you may call witnesses. (This is NOT done on the first day). You can hire a lawyer at any point to help you.

balleros

see my post from today Sunday please