QUESTION
What to expect if I missed an out of state court date for contempt?
Asked on Sep 05th, 2012 on Family Law - Texas
More details to this question:
I have full custody of our daughter but we live out of home state. He filed contempt of court claiming I don't let him have contact with our daughter. I requested for continuance stating the reason being my daughter having to go to school and would miss school. I also stated I have one month old baby that needs constant care and both kids would have no care for at least 15 hours (6 hour drive each way + time in court) if I go to court, but the court hasn't responded. I will be missing tomorrow's court date and I want to know what to expect. The out of state court has not given up its jurisdiction over the case even though my daughter (born to my ex husband and i) and I have been living out of state for 4 1/2 years now. So what should I expect? Please keep in mind, I sent the court a request for continuance within 10 days after receiving a notice of court hearing, which gave the court about 11 days to prior to the court date. I just checked the records on-line and it said the court received my motion/request for continuance 10 days ago. Would that be considered a failure to appear? Would they be able to arrest me when I live out of state? Would the court even care to see all the evidences that show that he had contact with our daughter and most of those evidences show he was the one who refused contact with our kid? Please help. Thank you!!!
10 ANSWERS
Leonard A. Kaanta
You could held in contempt, and your husband could ab awarded cutsody.
Answered on Sep 11th, 2012 at 1:44 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You will probably be arrested and held in custody, and will probably be ordered to turn the child over to the father. This is what happens when you fail to appear and give inadequate reasons in a motion to continue. You probably needed to set a hearing on your motion to continue, but it depends upon the judge. Sometimes, you can appear by telephone.
Answered on Sep 11th, 2012 at 1:12 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The court could find you in contempt and take action as your children's father requests.
Answered on Sep 11th, 2012 at 1:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should be represented at the hearing by an attorney. The jurisdiction over the children is established at the time of the divorce and does not change because they move.
Answered on Sep 10th, 2012 at 1:28 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to call the judicial assistant for the judge assigned to the case immediately!! Just filing a motion won't protect you. You also might be permitted to appear by telephone. You really should consult with and retain an attorney to assist you.
Answered on Sep 10th, 2012 at 1:26 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You are not going to be arrested for failure to appear at the court hearing. But, if you don't participate in the case to defend yourself, the court can presume that you have no defense and enter orders for whatever the father asks for. The court may or may not grant the continuance & it isn't possible in this forum to predict what you should expect.
Answered on Sep 10th, 2012 at 1:21 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You do not say what state this hearing is occurring. I cannot tell you what a judge will think of your request or what action he or she will take.
Answered on Sep 10th, 2012 at 1:09 PM
Hire an attorney. If after due service you do not appear and the continuance is not granted a bench warrant could be issued against you.
Answered on Sep 10th, 2012 at 1:03 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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If you don't respond/show up you can expect to be found in contempt. Of course the court woud like your evidence. Have you tried to arrange to appear by telephone.
Answered on Sep 10th, 2012 at 12:54 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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Call the court coordinator and ask him or her.
Answered on Sep 10th, 2012 at 12:48 PM