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The court will schedule a show cause hearing and order the custodial parent to appear and explain the failure to follow the visitation schedule. At the hearing, both parents will have the opportunity to tell their version of the events. The judge will determine what the facts are.
If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion.
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.
Both parents can agree or either parent can file a motion to modify. For one parent to change custody or support he or she must show that there has been a substantial change of circumstances since the last custody or support order. The change in custody or parenting time must also be in the best interest of the child.
A response to an order to show cause typically requires you to show up in-person to the hearing. You can provide an answer to the order and state why you object to the order being issued.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
You can ask the court to make temporary orders after you file a Petition. In a post-judgment action, you can ask the court to make temporary orders after you file a Motion (request). Either Petitioner or Respondent may ask for temporary orders. Temporary orders are effective as soon as a judge signs the order.
A response to an order to show cause typically requires you to show up in-person to the hearing. You can provide an answer to the order and state why you object to the order being issued.
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Get your court date or mediation date. Serve your papers on the other parent. File your Proof of Service.