Denver, CO asked in Family Law and Child Custody for Colorado

Q: What happens at a default allocation of parental responsibility hearing? How do I prepare?

I am the petitioner. My child’s father has not filed a single paper into our case not even a response. however, he did attend the ISC and mediation. We had a partial agreement in mediation. He still did not file anything even after a delay prevention order was filed. The court just sent out a notice for a default hearing. What happens at a default hearing? How do I prepare? Does our mediation agreement stand even though he has not participated in the case? Can I request something different than what we agreed on during the mediation?

Related Topics:
1 Lawyer Answer
M. David Johnson
M. David Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: A default hearing in a case regarding the allocation of parental responsibility (or custody, as it's commonly known) generally happens when one party fails to respond or participate in the legal process appropriately. Since the father of your child hasn't filed any paperwork, the court is moving towards deciding the matter without his further input. However, note that legal proceedings can vary based on jurisdiction, and the following advice is a general overview:

At a default hearing, the petitioner typically presents their case, and because the other party has not responded, the court is likely to grant the requests outlined in the petitioner's filing. This doesn't mean it's automatic; the judge will still want to make sure the orders are in the best interest of the child.

Here's what you can generally do to prepare:

1. Gather Documentation: Any evidence you have supporting your claims for custody should be organized and ready to present. This can include communication logs, reports from child psychologists if any, testimonies from character witnesses, and any other relevant information.

2. Consult a Lawyer: A family lawyer can help guide you through the process, prepare you for the hearing, and represent you in court. They'll understand the specifics of your jurisdiction's laws and will help you know what to expect.

3. Prepare Your Statement: It's likely that the judge will want to hear from you directly about why the orders you're seeking are in the best interest of the child. Be prepared to speak clearly and honestly about this.

As for your question about the mediation agreement, it largely depends on how your jurisdiction treats such agreements. In many places, mediation agreements are typically enforceable, especially if they've been incorporated into a court order. However, if the father hasn't participated in the process after mediation, there might be some flexibility.

Regarding changing your request from what you agreed upon in mediation, this again can depend on your local rules and the specifics of your case. Generally, courts value mediation agreements as they show that parents can cooperate and compromise for the benefit of the child. If you want to change your request, it would be wise to consult with your attorney to understand the potential consequences.

Lastly, keep in mind that this information is general advice and not legal advice, as lawyers are not permitted to give legal advice to non-clients. Be sure to consult with a legal professional who knows your local laws and the specifics of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.