What if mother doesn't respond to subpoena?

[difficult3]

What is the name of your state? Pennsylvania and Missouri

We are in PA and my husband's children are in Missouri. His ex-wife is doing everything possible to avoid a visitation agreement. She even had the case dismissed in Missouri two weeks before the trial.

My husband just refiled in Missouri for a visitation agreement and his ex was served papers on September 7th. What happens if she doesn't respond in 30 days? Would that actually grant him his proposed parenting agreement without her involvement? (As long as it's reasonable) He is asking joint custody with the children's primary residence with her.

I know it wouldn't be logical for her not to respond but you would be amazed at what this woman does that makes no sense.

 

[BL]

He is asking joint custody with the children's primary residence with her.

If a No show , trial should go on w/o her , unless testimony is heard in Both State's and the State with Jurisdiction deciding ..

 

[difficult3]

But there is no trial date yet. Just a dismissal hearing that was set for January 4, 2006 when my husband's lawyer filed. His lawyer said we can't get in front of judge until she responds.

 

[BL]

Listen and Follow the Lawyer's Advice .

If you find any other Laws in the meantimes , pass it on to the Lawyer .
I had A lawyer that didn't know Jurisdiction , until I gave It to Her , then she wasn't sure , even who would Appeal .

Do some research , and assert the Laws .

 

[betterthanher]

What is the name of your state? Pennsylvania and Missouri

We are in PA and my husband's children are in Missouri. His ex-wife is doing everything possible to avoid a visitation agreement. She even had the case dismissed in Missouri two weeks before the trial.

My husband just refiled in Missouri for a visitation agreement and his ex was served papers on September 7th. What happens if she doesn't respond in 30 days? Would that actually grant him his proposed parenting agreement without her involvement? (As long as it's reasonable) He is asking joint custody with the children's primary residence with her.

I know it wouldn't be logical for her not to respond but you would be amazed at what this woman does that makes no sense.

I don't understand how she can have the case dismissed. That is extremely unconstitutional. Parental rights are consistently upheld by the US Supreme Court. In fact, SHE would have to prove how it would not be in the best interest of the children for you to have the maximum amount of parental involvement.

Shouldn't your lawyer be filing a motion to dismiss/quash her request for a dismissal? Something doesn't sound right.

Do some research on parental rights from the US Supreme Court. I have at least 7 pages of case law from the US Supreme Court upholding parental rights. You really need to talk to your lawyer about this and including citings of case law in your motion.

If she doesn't respond within 30 days with a parenting plan, what you ask for in your plan you should get.

 

[BL]

Do some research on parental rights from the US Supreme Court. I have at least 7 pages of case law from the US Supreme Court upholding parental rights. You really need to talk to your lawyer about this and including citings of case law in your motion.

The questions still remains , What does the LAW state , other than the Lawyers Advice .

Sometimes peeps have to go beyond the Courts .

I asked for Congress , I was Replied to , Their Research , Did me Good .

 

[difficult3]

Apparently she was able to dismiss the case because we never filed a counter-motion in Missouri. We had only filed in PA where we live and then pulled the case out because it was getting hung up being in two states. None of our lawyers (and there have been 5) said we needed to file in Missouri after she filed.

The dismissal was a shock to even our newest lawyer.