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Active Questions

What is the meaning of "wholly made default" concerning a child custody case?
Family & Parenting / 4:01 PM - Tuesday June 22, 2010

What is the meaning of "wholly made default" concerning a child custody case?

Does this mean parental rights have been taken away? I am modifing custody paper Pro Se and I am not sure if the other parent needs to be served or sent a waiver of service? At the moment I have physical custody of my childern but legally the grandmother has custody due to a previous illness of mine. I am now able to take care of the kids and the legal guardian has signed over custody and signed waiver of service to the custody case. The other parent has not been part of the childern's lives, nor has ever paid child support. The parent is not in the right mind set and is currently on drugs and boose and is not able to take care of the childern mentally or physically. In the previous case the other parent was did not show up for court and was deemed "wholly made default". I want to know if when filing the Motion to Modify a SAPCR(TX) if I have to include the other Parent as a respondent since in the previous case, the other parent has no visitition, phone, or basically no parental rights mentioned in the order. This was not my doing at the time I thought the other parent would change their ways but had the grandmother for backup. Now I am remarried and want to make sure that there is no way if I get sick again or die tomorrow that my childern are not in harms way.

- Asked by beforeidie, A Father Figure, Male, 46-55

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This is one for a lawyer. Get in touch with one.

- Response by trawna, A Career Woman, Female, 46-55, Toronto, Consulting

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wholly made default means that the person did not appear in court and or did not reply to a court summons in writing and there lost the case totally with no chance of appeal. it does not mean they lost their parental rights. unless the court case was about them losing their rights and if it was and they were found wholly in default, they lost their rights and whom ever won is the sole custodial and legal guardian. you still have to serve them with papers if the case was not about parental rights.

- Response by galdeen, A Creative, Female, 36-45, Administrative

Rating Received:

wholly made default means he didn't show up when he was supposed to so was barred from having a say in the last proceedings. You or your grandmother must have the papers from that hearing. You must be using a legal service to amend the previous custody agreement, so you need to call them up and ask what to do about the kids' father, or if he is legally and permanently out of the picture already.

- Response by maryea, A Thinker, Female, 56-65, Retired

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In plain english: it means because the other person didn't show up they lost the right to challenge or have a say in the matter. They're in "default" so to speak.

- Response by lioness21, A Player, Female, 29-35, Consulting

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