QUESTION

What will happen if his ex wife does not appear in court?

Asked on Jan 23rd, 2017 on Civil Rights - New York
More details to this question:
My husband filed a court case against his ex wife cause she just decided on her own to take the dogs that my husband loves without talking things to him. My husband loves those dogs so much that he treats them like his own kids for 10 years now. When they got divorced 5 years ago they agreed to share the dogs and now she just decided that she doesnt want him to see them anymore. She is ignoring every call and message my husband is sending to her to solve this argument peacefully . My husband paid for everything for the dogs. He is gonna provide bills and reciepts that he got from the vet and the pet store in court . I just wanna ask what will happen if his ex wife doesnt show to court? Will my husband get his dogs back? Knowing that she already recieved a letter from the court now and my husband messaged her that he filed a court case agaisnt her. She never called or even messaged.
1 ANSWERS
Answered on Jan 27th, 2017 at 5:00 PM
Pet custody cases are increasing in number, and courts take them seriously. While courts consider many factors, if your husband can prove that he was the main caretaker for the dogs and paid all the vet bills, he will likely win, regardless of whether his ex wife shows up in court. However, I'm not sure that you're in the right court. The only court that sends notification to the party you're suing is small claims court, and small claims court doesn't have jurisdication over the kind of case you need to file. That could be why the ex is ignoring him- she might have seen a lawyer who told her he was in the wrong court.  
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