What will the courts most like do if the other parent in a custody hearing doesn't show up for court?

Hopefully you laid out all your concerns in your declaration you filed with the OSC. If she does not show the judge can either continue the hearing. If he does continue it I would ask for temporary orders using the best interest of the child as an argument. The judge may also rule on the OSC and give you what you want. I would suggest you contact an attorney in your area for assistance.

The court expects a party to file a responsive declaration and appear to object or oppose what you are seeking. If mother doesn't show up at the hearing, the court will still want to make a record of your position. You will proceed to speak with the judge about what you want and why you want it. Most likely your requests will be granted.

Regardless if she appears or not, when you go to court: Have some document with you thast proves she has an open child endangerment case against her (for example a copy of the criminal complaint or a printout of the case index). Also, have the exact addresses of all the places she has lived at the past 2 months and, hopefully proof of her living at those places, and copies of any paperwork from the schools' showing mom pulling the kid out of the school. Try to show the documents to the judge or at least tell the judge what documents you have. Hopefully you served mom copies of all these things with your pleadings or else the court might not accept them from you. If you cannot afford an attorney in court, then you should at least afford to hire an attorney just to write your pleadings for you and then go to court by yourself, which you probably can afford. I am a Sacramento attorney, representing clients in court in Sacramento and in surrounding counties. If you cannot afford full representation then, for much less, I can instead write you the forms and declaration you need, and help you serve them, and you can go to court by yourself. A well written declaration, by an attorney,supported by proper evidence, will greatly increase your chances of sucess in court. I take credit cards. Thomas Neil [email protected] (916) 446-4153