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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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At a Case Management Conference, does the judge have the power

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At a Case Management Conference, does the judge have the power to say a mother has violated the court order, the dad should be awarded sole custody *mom to receive visits because the mom has violated in countless ways and isn't stable or do these most likely need to another hearing/ trial. After reviewing all the facts, could a judge made that decision? At present shared custody. One week with mom, one with dad and court appointed holidays and birthdays. Child is starting school now and mother moved 30 miles away. Dad wants more involved and can provide more stability than mom.

Hello

 

I am an attorney with more that 25 years of experience and look forward to providing in formation in this regard

 

The Court may rule in the favor of one party if the other party does not appear or have legal representation at the hearing. In other words, the court can dismiss the matter or give a default order in the matter. While such a default order can be appealed it is very difficult to do and my be time consuming and costly.

 

Generally when both parties and/or legal representation are present, the court will try to get the parties to come to an agreement If you have not then the court will usually require mediation before it will consider proceeding with a hearing on the issues.

 

It is best to come to terms and an agreement, I suggest, If possible.

 


Please note that I can only answer what you ask and so if you have more questions or need clarification, please ask it here. Otherwise, I thank you in advance for a positive rating.


Customer: replied 3 years ago.

Mediation didn't work.


The mom violated the court order numerous times. Example: moving 4x without notifying the court, changing pediatricians without informing the dad, making false allegations against the dad and his family . Charges were dismissed because case worker knew the mom was just trying to keep the child from the dad and family. Mom not stable, countless boyfriends and exposing the almost 4 yr old child to who knows what.

Hello

 

Ok. Thank you. Well, then the court will see if you have come to terms and then may issue a temporary order on a custody request. But generally, the management hearing is to determine if things can be worked out and the court might send you back to the drawing board - not mediation just discussions among your legal counsel - the conference is not going to be very long about 30 to 40 minutes

It is an effort to make sure everything proceeds in a timely fashion so as not to log jam the system

 

 

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