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is this LEGAL?

Posted by on Apr. 13, 2011 at 10:46 PM
  • 21 Replies

long story short, stbx and i are in a court battle for child custody (he lost and is going for it again, which he'll lose again) and child support. i got served ONE WEEK AGO (exactly 7 days) with papers that were NOT signed by him or any lawyer, that said 2010 on them. the papers were for a child support order.

i notified the courts that i wasn't served timely, that the papers weren't signed and they had the wrong date - they told me what form to do for the judge. i did it, and sent it in - they got it on monday. the judge went ahead and heard the matter AND ordered a visitation order! WTF! can she do a visitation order just because he walks in there and asks for one? don't i have to be notified before they can have a hearing without me there? (i live in texas, he's in north carolina.)

is this legal??? i've already called a lawyer, and haven't heard back yet. and we're switching the case to texas now that we've been here for six months. so i'm going to get it taken care of - but my question is - IS IT LEGAL to have a case heard without ever notifying me that the court date was for that? 

by on Apr. 13, 2011 at 10:46 PM
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Replies (1-10):
jillbailey26
by on Apr. 13, 2011 at 10:47 PM

If you were supposed to appear and didn't, the judge rules in favor of the person showing up.  


"Let us therefore make every effort to do what leads to peace and to mutual edification"  Romans 14:19



frndlyfn
by Emerald Member on Apr. 13, 2011 at 10:48 PM

No clue but good luck.

masonsmommy107
by on Apr. 13, 2011 at 10:50 PM
bump
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sandra1023
by on Apr. 13, 2011 at 10:52 PM

Something similar happened to my best friend's niece.  Turned out her lawyer was supposed to let her know of the court date and he dropped the ball.  She had no idea she was supposed to be there.  They wouldn't reschedule it or change the order, though.  Good luck.

jessasmamma
by on Apr. 13, 2011 at 11:02 PM

this was NOT a mandatory hearing - and it was only supposed to be about child support. that's all the papers say. but they didn't even serve me with the mandatory 10 days notice - they only gave me 7. and once again, it does not say ONE THING about a visitation order.

Quoting jillbailey26:

If you were supposed to appear and didn't, the judge rules in favor of the person showing up.  


mommyof1896
by on Apr. 13, 2011 at 11:03 PM
No idea,goodluck!
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blessed107
by Ruby Member on Apr. 13, 2011 at 11:04 PM

Bump

.MommyEast.
by on Apr. 13, 2011 at 11:05 PM

 file a motion to appeal

mommyzgirlz3
by on Apr. 13, 2011 at 11:06 PM

depends on the state you live in, i would get a lawyer and fight it..

arianna24
by on Apr. 13, 2011 at 11:06 PM
I don't think it is. I can't see how It would be
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