QUESTION
Can we file an order to show cause to make things move along?
Asked on Feb 08th, 2013 on Child Custody - Colorado
More details to this question:
My sons ex (never married) has filed for custody of their child. She has done the initial paperwork only back in September 2011 but has not followed though with anything. My son has never been served; there has never been a court date. My question is how do make this move forward. Can we file an order to show cause to make things move along? Can we file new custody papers? I originally thought we needed to file the respondent papers but isn’t that for if you have been served?
10 ANSWERS
If she has, indeed, filed a case in the circuit court, you can go ahead and file motions under that case number. If she has not actually filed a case, you can file one and ask the court for the relief you want. In either case, you will have to serve her with the pleadings.
Answered on Feb 12th, 2013 at 7:31 PM
He can file a response which has the effect of waiving service. If the case has not been dismissed, he can file himself good luck.
Answered on Feb 11th, 2013 at 11:13 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Chances are the case has been dismissed. Your son should check with the court and if it has been, he should file his own custody case. Even if things are more or less working out, I believe that it is better to have an order enforceable by the court when things start going bad.
Answered on Feb 11th, 2013 at 7:41 PM
John Arthur Smitten
If he has never been served then the first thing you can do is to officially answer the complaint.
Answered on Feb 11th, 2013 at 6:29 PM
An attorney would be very helpful at this point. Nothing is happening if he has been served. You should check the court website to make sure something isn't happening without him.
Answered on Feb 10th, 2013 at 10:37 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You are not precluded from filing a Response, just because you have not been officially served. Normally, the Judge could then order Child Support from the date of the filing of the case, but given the delayed service of the papers, I don't believe this is possible. Make sure if you answer her complaint that you investigate the law, it will only take a few minutes to look up and verify with an attorney of your choice. However, he can also just file his own Petition and make a Request for Orders (claim paternity, custody, visitation, and child support).
Answered on Feb 10th, 2013 at 9:48 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can file your own Request For hearing on custody using that case number.
Answered on Feb 10th, 2013 at 9:41 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The original case has possibly been dismissed for lack of progress. You can file new paperwork and move the case along.
Answered on Feb 10th, 2013 at 8:55 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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He can and should file a new action.
Answered on Feb 10th, 2013 at 8:10 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The likely explanation for the lack of action is that the ex discovered she did not need to get court custody. Since your son has no rights until a court gives him some specific rights, the burden of pursuing a legal proceeding is on him and mother effectively has "sole custody" until a court says otherwise. Your son can, and should file his own petition for custody.
Answered on Feb 10th, 2013 at 7:10 PM