What is a default hearing? 21 Answers as of September 27, 2012

I am trying to get custody of my son because his father is an absent recovering drug addict, I have a "default hearing" scheduled in a few weeks but I’m not sure what it is, what can I expect to happen and also what should I bring? Could a public defender be of any help in my case?

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LAW OFFICE OF JASMINE OHANIAN | JASMINE OHANIAN
Public defenders are for criminal cases and since you are involved in child custody case, you are not entitled to one. There are free self-help groups or new lawyers who can charge you minimal. As for default, this means that the other side is not present or doesn't object, therefore, it goes to default.
Answer Applies to: California
Replied: 9/27/2012
Law Office of Melvin Franke | Melvin Franke
It means that the other side hasn't answered yet.
Answer Applies to: Missouri
Replied: 9/25/2012
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
A default hearing is the time the court has an opportunity to enter final orders even without the other party's participation in the case. The court does not offer a "public defender" or court appointed counsel in cases like this, but most people do represent themselves, so the judge will not hold that against you. You should bring a copy of the orders that you want the judge to sign, and those orders will need to exactly match your original Petition.
Answer Applies to: Arizona
Replied: 9/25/2012
Attorney at Law | Michael P. Vollandt
What a default hearing is when the opposition does not respond to your request. The Court only hears one side so be prepared to tell the Judge what you want and why you want it. Usually, you get what you want as long as it is what you had asked for in the papers you served.
Answer Applies to: California
Replied: 9/25/2012
Hamblin Law Office | Sally Hamblin
Public defenders do not handle custody cases. Legal did does. Someone did not appear on prior court date or was in. violation. If not you, that is good for you.
Answer Applies to: Michigan
Replied: 9/25/2012
    Law Offices of Pamela R. Lawson | Pamela R. Lawson, Esq.
    Family law matters are not criminal so you have no right to a public defender. A default hearing is one in which the other side (defendant or respondent) did not respond to a complaint. You should be able to obtain custody due to the nature of the baby's father issues. You should consult a lawyer and hire he or she to represent you for the hearing.
    Answer Applies to: Nevada
    Replied: 9/25/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    The default is when a Party does not show up or dispute the case.
    Answer Applies to: Georgia
    Replied: 9/24/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    A public defender is appointed to represent an indigent person in a criminal matter. There is no right to appointed counsel in a civil matter. If your co-parent has not filed a responsive pleading, a default may have entered against him. If that is the case you should be prepared to present your case to the court. If you have not complied with the court's requirements, your claim could be dismissed.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    I'm not sure what you ask but a default hearing means someone filed a petition or complaint against someone and that person was served papers and was supposed to answer the petition or complaint and didn't. The judge then scheduled the default hearing to rule in favor of the person who filed the petition or complaint. The person who didn't answer should appear at the hearing prepared to defend their side.
    Answer Applies to: Alabama
    Replied: 9/24/2012
    John Russo | John Russo
    It is what it says. Someone is possibly being defaulted, I would go out on a limb here and make a wild guess, maybe it's the father. You should ask these questions when you are in court. Sounds like last time you were there he failed to appear and was noticed, so now the court is looking to default him and grant your petition.
    Answer Applies to: Rhode Island
    Replied: 9/24/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Public defenders don't get involved in custody cases. These are not criminal matters. Based on what you have said, it sounds like your ex has not responded to any pleadings and the court will enter a default granting you what you have asked for at this hearing.
    Answer Applies to: Nevada
    Replied: 9/24/2012
    Steven Alpers | Steven Alpers
    A public defender is only for criminal cases. You will have to present your case to the judge. You need to have papers ready for the court to sign.
    Answer Applies to: California
    Replied: 9/24/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    A default hearing is one where you would appear before the court and testify about the matter at hand...custody. You would answer the court's questions and explain your position. Normally, at a default hearing, the opposing party is not present,however, he may appear and take part in the hearing if he so desires.
    Answer Applies to: Arizona
    Replied: 9/24/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    That is a hearing for the court to finalize the case.
    Answer Applies to: California
    Replied: 9/24/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    In Alaska public defenders only help in criminal cases. If you are unable to afford an attorney the Alaska Bar has a referral service for people that need attorneys. A default hearing is a hearing to determine why the other side has not appeared. What you will need is proof that the father was served. The court does not like to award custody without hearing from the other side. An attorney can give you more help to prepare for this hearing.
    Answer Applies to: Alaska
    Replied: 9/24/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    A default hearing is, generally, where only one side of the case shows up; the other party is "in default" by doing nothing to participate in the case. Public Defenders only handle criminal case and not custody cases.
    Answer Applies to: Colorado
    Replied: 9/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    A default hearing is probably a hearing at which a default against the father will be considered and ruled upon. If he did not respond to the summons, the clerk can issue a default. Defaults are not really all that helpful in family law matters, as they can easily be set aside. Get an attorney on your side.
    Answer Applies to: Florida
    Replied: 9/24/2012
    Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
    A default hearing is a hearing before the court to determine whether or not anyone will be objecting to what you have asked for. If no one objects ,the court will grant everything you asked for, exactly as you asked for it. If someone appears and objects to your requests, you will need to provide the court with evidence to prove why you should have granted to you whatever you asked for.
    Answer Applies to: Utah
    Replied: 9/24/2012
    Victor Varga | Victor Varga
    Public defenders are for criminal matters only. You could try legal aid in your county. The default hearing is for you to establish the right to proceed by default. At the hearing you just tell the judge what you did and how you did it (service of process, etc.). The court will also need an affidavit from you indicating that the other party isn?t active duty military.
    Answer Applies to: Maryland
    Replied: 9/24/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is a hearing where the Court determines if the relief requested by a moving party will be granted. It is reviewed without a response from the opposing party either because they failed to respond or by agreement of the parties.
    Answer Applies to: Minnesota
    Replied: 9/24/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    A default hearing is when the othersude has failed to appear. He has forieited the case.
    Answer Applies to: Michigan
    Replied: 9/24/2012
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