CAN A JUDGE TAKE CUSTODY AND VISITATION AWAY FROM A PARENT?

QUESTION: Can a judge take custody and visitation away from a parent without proof that the allegations in order to show cause are true? =============================================== MY RESPONSE: It is more complicated than that. The allegations made in the Declaration in support of the Order to Show Cause, if unopposed, will likely be accepted by the Judge as true. If the Order to Show Cause is opposed, the Judge will consider the allegations made in the Responsive Declaration to the Order to Show Cause. If opposed, both parties will likely have the opportunity to testify at an evidentiary hearing on the Order to Show Cause. The Judge will consider the evidence from both sides and make a determination. If the Judge determines that it would be in the best interest of the child/children to change Child Custody, based on the evidence (whether on the legal documents or testimony at the evidentiary hearing), the Judge has the power to change Child Custody.