QUESTION

What is a default hearing?

Asked on Sep 23rd, 2012 on Child Custody - Utah
More details to this question:
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?
Report Abuse
13 ANSWERS
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Sep 27th, 2012 at 11:12 AM
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.

Report Abuse
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Sep 25th, 2012 at 4:46 PM
It means that the other side hasn't answered yet.

Report Abuse
n/a
no client reviews
CV Notable
Answered on Sep 25th, 2012 at 4:46 PM
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.

Report Abuse
n/a
no client reviews
BV Distinguished
Answered on Sep 25th, 2012 at 4:45 PM
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.

Report Abuse
Answered on Sep 25th, 2012 at 4:44 PM
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.

Report Abuse
DM
Dennis P. Mikko
Partner at
  • 0/5.0
  • 0
peer reviews not shown
n/a
no client reviews
Answered on Sep 24th, 2012 at 6:20 PM
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.

Report Abuse
Answered on Sep 24th, 2012 at 6:19 PM
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.

Report Abuse
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Sep 24th, 2012 at 6:18 PM
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.

Report Abuse
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Sep 24th, 2012 at 6:17 PM
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.

Report Abuse
peer reviews not shown
n/a
no client reviews
Answered on Sep 24th, 2012 at 6:16 PM
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.

Report Abuse
LK
Leonard A. Kaanta
Partner at
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Sep 24th, 2012 at 6:15 PM
A default hearing is when the othersude has failed to appear. He has forieited the case.

Report Abuse
  • 1.4/5.0
  • 0
  • 1
n/a
no client reviews
Answered on Sep 24th, 2012 at 6:15 PM
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.

Report Abuse
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Sep 24th, 2012 at 12:32 PM
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.

Report Abuse

Ask a Lawyer

Lawyers from our extensive network are ready to answer your question.

0 out of 150 characters