|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
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.