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KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4195
Experience:  13 years of experience practicing law.
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I have a court date set for me and my x husband to go to court

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I have a court date set for me and my x husband to go to court because I filed to change my parenting plan. If my x husband goes to jail and isn't able to show up for the court date can I still use that same court date and ask the judge at that appearance for full custody due to his incarceration or do I need to file some other sort of change of parenting plan.
Hello, I am happy to assist you today.

Yes. You should still go to the hearing. Inform the judge of his status in jail, and request a default judgment against him. The judge will decide what is appropriate. He may agree with you that you should get full custody, or at least give you temporary custody while he is in jail and give him another chance to come to court after he is out of jail.

Let me know if you have any questions.

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