Legal Question in Family Law in New Jersey

Default Custody Hearing

Me and My Husband Charles Seperated Feb.21st of this year I agreed to let our 8 year old daughter Sanayah visit him for the summer I ask if he wanted our 9 month old daughter Danaeshia as well for the summer he repiled NO as of Augusta 20th he told me he wasn't sending her back come to find out he moved out of the apartment that we where living in so now i don't no where my child is don't no what school she's attending As of dec.12th i went to the family court and filed for custody they needed a address to send it to and i remember his grandmother's so my question is as of yeaterday he called me angry of couse telling me he received his court papers but he told me he's not coming up here for this BS he's going to do it over the phone My 1st question is there a such thing as a phone hearing My 2nd question what happen when he don't show up i was told that's a default hearing. what is a default hearing and how does that benifit the other person.


Asked on 12/22/08, 11:53 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Default Custody Hearing

Let me summarize what SEEMS to be your situation:

Your spouse has created a painful disaster. Yours seems particularly disastrous, and particularly painful.

From what you have said, it seems very likely that you are going to have to start a divorce. You need to solve some problems in your life and your children's lives, and a divorce is pretty much needed; that is what I understand that you are saying.

Employment, income to pay the family's expenses, is an issue.

You have kids: custody and vistation, and child support are issues.

Child support and college tuition needs to be paid. Measured in tens of thousand of dollars.

You probably have a house and some money saved. You probably have a pension plan; maybe your spouse has a pension plan.

You need to see a decent, experienced divorce attorney located reasonably near you, and have the attorney to review your situation carefully with you, and give you some guidance. A good attorney could save you thousands of dollars and a great deal of heartache, make your life more manageable, and reduce the harm to the kids. When choosing an attorney, make sure it is someone whose personality works for you, someone you can work with.

If you would like, give me a call; I am in northern New Jersey right across the street from the Bergen County Courthouse in Hackensack. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/22/08, 12:08 pm
Gary Moore Gary Moore Attorney At Law

Re: Default Custody Hearing

You do not know what you are doing. You need to hire an attorney.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/22/08, 1:08 pm


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