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custody question

If a bio mom is served a summons to go to court for a custody hearing and does not show up, does she lose her rights as a parent? This is happening with my nephew. His dd's bio mom did not show up to her custody hearing and now he says he has full custody of his dd. But I have not seen any paper work to support this. Does the bio mom still have rights to dd?

Answer Question

Asked by Anonymous at 8:09 AM on Jan. 22, 2009 in General Parenting

Answers (8)
  • that would really depend on the judge and what he decided.

    Answer by jodi205 at 8:13 AM on Jan. 22, 2009

  • She doesnt lose her parental rights. Parental rights can only be taken away from someone by a judge and if there is gross misconduct as a parent. What happened is your nephew one custody by default. That means that she didnt show to court and he won whatever he asked for. It would be the same in any civil matter if you sued someone who say owed you $1200 and didnt come you would win a judgement saying they owe you $1200. However he should be very careful. She still has rights to visits, school activities, grades, etc. If he denies though or wasnt served properly the decision can and will be reversed. As for not seeing the paper it takes a couple weeks to draw it up and have a judge sign. But no she didnt have her rights taken away. She just lost custody bc she didnt counter or show up but she still can. She has 10 days to appeal and can refile herself ANYTIME.

    Answer by gemgem at 8:14 AM on Jan. 22, 2009

  • Him having full custody does not equate her losing parental rights. It just means he has custody of the daughter and she only gets visitation....if the judge granted it.

    He should have his copies of the court documents soon...

    Answer by TiccledBlue at 8:27 AM on Jan. 22, 2009

  • I'm asking this question because bio mom has nothing to do with her dd and now my nephew is in prison he doesnot know where any of the paper work is. I have had his dd for 1.5 years, since he has been locked up. he now wants me to terminate his rights or transfer his rights, which ever one that bio mom cannot contest if she ever decides to. So now I am just trying to figure out if bio mom has any rights at all. It is so frustrating because I love her, I consider her my dd, and will be destroyed if bio mom ever got dd back.


    Answer by Anonymous at 9:07 AM on Jan. 22, 2009

  • You should consult an attorney, it sounds much more complex, and that way you will get the "right" advice for your state...

    Answer by Anonymous at 9:12 AM on Jan. 22, 2009

  • He can request a copy of the papers from the court. You'll need those before you consider doing anything. A lawyer is going to want to see them so s/he knows where everything stands...and you're going to need a lawyer for this one. The lawyer is going to have to know if your nephew has sole physical custody, and/or sole legal custody. They're two different things and will require two completely different courses of action.

    Answer by desert_diva at 10:11 AM on Jan. 22, 2009

  • What he can do is give your power of attorney to act in his behalf in all matters regarding the child. I don't think they'd even have to notify her it was being done(but look into that to be sure). That way it wouldn't 'rock the boat', and get her up and fighting.

    Answer by desert_diva at 10:15 AM on Jan. 22, 2009

  • I think since she didn't show up the father would be awarded whatever he wanted since she couldn't be bothered to make an appearance. OR the judge could decide to reschedule the hearing but I don't think it would be fair to rework hearings just because someone doesn't show up. There shouldn't be 2nd chances, I mean if you don't show up to work you get fired right?

    Answer by heatherann0221 at 2:36 AM on Jan. 23, 2009

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