If I received an order to show cause about custody and visitation and didn't file a response...?

Question

...can I still show up in court and win? What are my options? Court is in a couple of days and I was served almost a month ago.

I live in California.

Answer 1

An order to Show Cause is an order to appear and explain your actions, or lack of action, that was contrary to the original determination.  Whether you filed a response, or just appear in court to explain yourself, it amounts to the same thing.  You need a very compelling reason for your action in order to avoid a Contempt of Court judgment.  Without a compelling reason, you're going to be slapped down.  And by compelling, I mean a reason that pertains to the safety or well-being of the child.  Anything less requires a Motion to modify the court's conditions, not just a refusal to comply.

Let me add:  If you don't show up, you'll be considered in default, and additionally you may be subject to a fine or even a bench warrant for Failure To Appear.  You've been ordered by the court to explain yourself.

Answer 2

You need to do exactly what is in the letter if you want to win your case.  If you won't do that much, the court assumes you aren't interested in persuing the case.    

Answer 3

the best you can hope for at this point is a continuance. more likely they will rule against you.

Answer 4

Don't take a court order seriously, they won't take you seriously.

They will; take this as, you aren't really interested.Otherwise you would have been there.