[#1Mommy]

I filed to adopt my step son in May and biomom had until the end of June to respond. Since there was no response, my lawyer set everything in motion for a default judgement. He sends us copies of everything that is sent to her, so we got a copy of the notice that was sent to her telling her that the motion for default judgement was set for hearing at the end of August. Natuarally, my hubby and I assumed that we would have to be there since I am asking the courts to enter a default judgement on my behalf. I called my atty last week to see if we needed to bring anything specific to court or if we needed to set up an appointment to meet with him before the court date. He wasn't in, but his paralegal called back to tell me that we did not have to be there. When I asked why, all she said was that b/c it was a default judgement hearing. Can anyone explain why the biomom would be required to be there, but my dh and I (the ones who asked for all of this to take place) would not have to be there?

TIA,
Monica

[mlbsands]

I think its just that you do not have to be there.. but that you can be there if you want.. is this for finalization? or TPR?

[numbr1dbcksfan]

She has to appear so that she will have one last chance to contest and so the court knows she understands what is going on. You dont have to appear because it is not a hearing for testimony, and your attorney can speak for you...if there is any speaking to do. If she shows up and contests...the judge will either grant the default or set another hearing to hear testimony.

Good Luck!
Christine

[#1Mommy]

Thanks for your input. I have been trying to get in touch with my attorney, but he has been in court all week. Would we get in trouble for being there?

[numbr1dbcksfan]

Nope, you can be at any hearing the you want! I think she was just saying that you dont HAVE to be there.....

[Kallen330]

I would go to the hearing. I would be there. I have heard many a horror story of a paralegal who said you did not have to be at a particular hearing and they did need to be there. Remember a paralegal IS NOT an attorney.

I had my own experience of not going to a hearing when my ATTORNEY said I did not need to be there and orders were made that I had no input on and most likely would not have happened had I been there.

I would go. I also makes a better impression on the judge if you are there at EVERY hearing.

[Lindsie]

I'm a lawyer (not adoption though, and not even in the US) and we always try to get our clients to come to court unless they absolutely don't have to be there. I think it shows the judge that they are interested in their own case and that was if anything unexpected comes up the matter doesn't have to be adjourned, you can just have a break and discuss the new issues right there. Just my 2cents...

[#1Mommy]

I just wanted to say thanks for all your advice. Our hearing later this month has been cancelled. The bio mom finally filed an answer to the original petition 3 days after the default judgement motion was filed. She is of course denying all allegations made against her, so it looks like this could be drawn out longer than the seven years it has already been. We try not to worry about it, though, because we can prove without a doubt that she has not supported my step-son ever (child support was ordered to be paid through the courts, they have no record of it, so she never paid), nor has she seen him in over five years. It just gets frustrating, though, that she doesn't seem to care until we are about to go to court, then she does whatever it takes to postpone things. Like I said earlier, this has been the story or our lives for the past seven almost eight years. We are just so ready to get this over and done with so we can move on with our lives!~!~!

[ImtheMomtwo]

As I am just begining this process, I am interested in your progress. Anything new to share with us?

[#1Mommy]

Hi. We actually have depositions scheduled and then we will schedule a hearing for sometime early next year. We are waiting so long since I am expecting and we don't want to have to worry about me going into labor in the middle of court. Hopefully, this should all be over in the next 6 or 7 months.