Custody Hearing?


#1

Hope this doesn’t reveal my ignorance, how can I definitively answer the “is or isn’t set for a custody hearing”? The divorce is done, but some of the complaints were custody, child support, and attorney’s fees. Pretty standard stuff I’m sure, but the only orders that came out of the divorce hearing was the granting of the absolute divorce and to pursue custody mediation, which has finished without resolution. Is it standard for the support hearing to be so far out b,[/b] and since this is a “hearing”, does that constitute or affect “If your child custody matter is not set for hearing, I would put it on for hearing as soon as possible.”

4Sep12 CIVIL SUMMONS for child support.
Hearing to establish support…scheduled for 13Jan13.

12Sep12 NOTICE OF HEARING scheduled for
"NOTICE is hereby given that a hearing regarding custody, child support and divorce has been set…"

27Sep12 ORDER GRANTING JUDGEMENT FOR ABSOLUTE DIVORCE
#9 All matters regarding a division of marital and divisible property and marital debt has been previously resolved between the parties. The matters regarding custody and child support are pending in the above captioned file."…


#2

If the notice of hearing says that the hearing is set on X date, then you can be certain that the matter is set for hearing. You can call the clerk to confirm that it is on the docket if you want to verify the notice. Whether you actually get reached for the hearing is another issue. That will depend on what other matters are on the calendar and how your county handles scheduling. You have to I don’t know when they were issued, but a January court date is not that late if these were recently issued. In Wake County, we are looking at court dates in February and March.


#3

The 13Jan13 hearing is only addressing child support and nowhere mentions custody, no custody, etc. Now, if a hearing is scheduled, and several weeks out, I then have the same rights as she does, correct? I can load up the kids and head for Beverly Hills? Kinda makes it sound illegal, but with the information provided would I be safe in taking the kids out of the state permanently, or would I be asking for additional “stories” from her to the police. She just so enjoys it, but the boys nor I cheer for her anymore.


#4

Technically, if there is no order in place, both parties have as much right to custody of the child as the other. That said, if you move across the country, she may file an emergency custody motion if she can find a basis. Also, you must consider the way the court would view your choice to remove the children without an order or permission from the other parent.