I filed for sole custody in September 2010. My child is 13 and up until 2010, the father and I had a civil relationship and there was no custody order in place. He lives out of state. I have gotten NOWHERE in the courts since that original filing. His attorney will remove the case from calendar call, etc. and it has been 18 months now. I realize that at some point, the court will want to clean up the docket and old cases, but I don’t want it just dismissed, only to be back where we started. Is there a way to have a default judgment entered giving me sole custody, if he (through his attorney) refuses to bring this case before a judge? He is doing the same thing with CSE and I’ve had to send the case out of state in order to try to get something done (hasn’t paid CS since May 2010). I’m more concerned about custody though–I can’t even get my kid a passport to visit friends overseas with this limbo we are in, and it is taking a toll on the child who is afraid his father will take him away.
You can add the case on the court calendar. You don’t have to wait for his attorney to do it.