Saturday, October 5, 2013

What happens when non custodial parent misses court day for visitation?

Q: my friend took his son mother to court but he miss the court day thinking that was the next day what can he do?

A: If it was not hard to serve the mother, then he can simply re-file & re-serve his petition (assuming it was dismissed). If it was difficult to serve the mother, or he thinks it will be hard to serve her again, his other option is to file a motion to vacate his default, explaining the circumstances of his failure to appear along with stating a valid basis for his petition.  -- David Bliven, Bronx Child Custody attorney (

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