Legal Question in Family Law in New York

What does it mean when the other parent is ''in default'' in custody court?

My kids' father, whom I was never married to, decided to not show up in custody court, after he had drawn our court dates out. He kept telling the judge that he had a lawyer and come to find out, he never did in the first place.

So what I was wondering is what will/ can happen to him for being in default at a custody case? My lawyer never really explained any of it to me, so I just want to knwo waht it means. :)

In the end of it all, I was granted full custody... thank God! The story surrounding this one is WAY too long to even touch on here!


Asked on 4/27/07, 12:29 am

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: What does it mean when the other parent is ''in default'' in custody court?

It means he loses and you win. It means that he will have a difficult time overturning the decision.

Legally it means that he did not enter a defense and his pleadings if any were struck and that he lost because he didn't show up.

Good luck to you and your child.

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Answered on 4/29/07, 5:05 pm


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