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Paperwork for Court?

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What is the name of your state (only U.S. law)? Maryland

I am sure that you guys have seen a few posts on this board over the last few years. Unfortunately, I am here again.

Today a court appointed paper server knocked on my door. I was not home, my mom was watching my kids while I was at work. She said the court appointed paper server had a nasty attitude and kept demanding that he heard me inside the house. She thought that this was a little odd, but figured maybe it was his first day and he was all happy about serving papers. He kept saying "I've been waiting to do this my whole life."

After I heard the description of the man, he sounds familiar and I think it was one of my ex's family members. Which makes more sense than a really happy paper server.

Anyways, I digress. My ex yet again filed for custody of my two oldest boys, the only two that I have with him. He has been absent for four years other than seeing them once or twice. Both times he was forced to do so by his girlfriend. He only kept them for a few hours both times.

A few months ago, he called and asked if he could see the kids. Since we don't have a custody order, I explained to him that popping in and out of their lives is detrimental to their development. I told him that in order for us to work out an agreement for visitation, he had to be a constant in their lives. Popping in and out was not going to happen anymore. Now, his girlfriend has pushed him into filing for custody because she wants him to be a dad and I am "screwing him out of his time with them." Unfortunately, this girl does not know the circumstances, or the man he used to be. I am not sure if he has changed, but she has only known him for a year and is making assumptions about things that she couldn't even pretend to know. Of course he will not tell her the whole story.

Since he has been absent for the last 4 1/2 years (other than the two short visits), does he have a chance to get full custody or would visitation be more likely? Could you tell me what paperwork I need to bring to court, and what I should ignore. I have no desire to prove him an unfit father, even though a quick print out of a criminal record might bring him pretty close. I just want to ensure that he does not get full custody of my children.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Maryland

I am sure that you guys have seen a few posts on this board over the last few years. Unfortunately, I am here again.

Today a court appointed paper server knocked on my door. I was not home, my mom was watching my kids while I was at work. She said the court appointed paper server had a nasty attitude and kept demanding that he heard me inside the house. She thought that this was a little odd, but figured maybe it was his first day and he was all happy about serving papers. He kept saying "I've been waiting to do this my whole life."

After I heard the description of the man, he sounds familiar and I think it was one of my ex's family members. Which makes more sense than a really happy paper server.

Anyways, I digress. My ex yet again filed for custody of my two oldest boys, the only two that I have with him. He has been absent for four years other than seeing them once or twice. Both times he was forced to do so by his girlfriend. He only kept them for a few hours both times.

A few months ago, he called and asked if he could see the kids. Since we don't have a custody order, I explained to him that popping in and out of their lives is detrimental to their development. I told him that in order for us to work out an agreement for visitation, he had to be a constant in their lives. Popping in and out was not going to happen anymore. Now, his girlfriend has pushed him into filing for custody because she wants him to be a dad and I am "screwing him out of his time with them." Unfortunately, this girl does not know the circumstances, or the man he used to be. I am not sure if he has changed, but she has only known him for a year and is making assumptions about things that she couldn't even pretend to know. Of course he will not tell her the whole story.

Since he has been absent for the last 4 1/2 years (other than the two short visits), does he have a chance to get full custody or would visitation be more likely? Could you tell me what paperwork I need to bring to court, and what I should ignore. I have no desire to prove him an unfit father, even though a quick print out of a criminal record might bring him pretty close. I just want to ensure that he does not get full custody of my children.


Put it this way - you won't be deciding whether or not Dad pops in and out of their lives.

It COULD work against you in court, but what's more likely is that he is awarded visitation. It might be phased in, but it will eventually result in him having overnights, weekends and entire weeks in the summer.
 
Put it this way - you won't be deciding whether or not Dad pops in and out of their lives.

It COULD work against you in court, but what's more likely is that he is awarded visitation. It might be phased in, but it will eventually result in him having overnights, weekends and entire weeks in the summer.

The only reason I told him that was because he didn't want a court order. My one of my children has a disability that requires consistency and a schedule. Something to look forward to and know what is happening. Honestly, how hard is it to pick your kids up twice a month and take them for ice cream, or to your house to watch a movie. He couldn't even manage 2 hours a month. I have no idea how he is going to handle them for two days straight.

He has a problem with people "telling him what to do." Essentially, he will make an donkey's behind out of himself in court when the judge says that the visitation schedule will go x, y, z. He sees it as trying to control him.
 
What is the name of your state (only U.S. law)? Maryland

I am sure that you guys have seen a few posts on this board over the last few years. Unfortunately, I am here again.

Today a court appointed paper server knocked on my door. I was not home, my mom was watching my kids while I was at work. She said the court appointed paper server had a nasty attitude and kept demanding that he heard me inside the house. She thought that this was a little odd, but figured maybe it was his first day and he was all happy about serving papers. He kept saying "I've been waiting to do this my whole life."

After I heard the description of the man, he sounds familiar and I think it was one of my ex's family members. Which makes more sense than a really happy paper server.

Anyways, I digress. My ex yet again filed for custody of my two oldest boys, the only two that I have with him. He has been absent for four years other than seeing them once or twice. Both times he was forced to do so by his girlfriend. He only kept them for a few hours both times.

A few months ago, he called and asked if he could see the kids. Since we don't have a custody order, I explained to him that popping in and out of their lives is detrimental to their development. I told him that in order for us to work out an agreement for visitation, he had to be a constant in their lives. Popping in and out was not going to happen anymore. Now, his girlfriend has pushed him into filing for custody because she wants him to be a dad and I am "screwing him out of his time with them." Unfortunately, this girl does not know the circumstances, or the man he used to be. I am not sure if he has changed, but she has only known him for a year and is making assumptions about things that she couldn't even pretend to know. Of course he will not tell her the whole story.

Since he has been absent for the last 4 1/2 years (other than the two short visits), does he have a chance to get full custody or would visitation be more likely? Could you tell me what paperwork I need to bring to court, and what I should ignore. I have no desire to prove him an unfit father, even though a quick print out of a criminal record might bring him pretty close. I just want to ensure that he does not get full custody of my children.

Unless you're an unfit mother it's about guaranteed that he will not get custody of the children based on what you posted. An attorney is highly recommended though.

As Proserpina mentioned, he will most likely get some sort of phased in visitation. Given his history you can request that the phase in process starts over should he miss a certain number of visits but it will be up to a judge on what's in the final order.
 

Zigner

Senior Member, Non-Attorney
Kudos to the GF for encouraging this father to become involved in his kids' lives.
 

Zigner

Senior Member, Non-Attorney
Encouraging him to file for full custody when he has been an absent father? I am not sure that kudos apply there.

I am not sure he was filing for "full custody." The OP wasn't very clear on that. I suspect he is filing for "joint custody" - nothing wrong with that.
 
What He Filed For

According to the papers that I was served, he filed for sole custody for himself and is attempting to block visitation with me because he is worried that his girlfriend would get jealous that he saw me during drop off and pick up times.
 

LdiJ

Senior Member
According to the papers that I was served, he filed for sole custody for himself and is attempting to block visitation with me because he is worried that his girlfriend would get jealous that he saw me during drop off and pick up times.

Did he actually SAY the bolded portion in the paperwork he filed?
 
Bolded Portion

Yes, he actually said it. I was as shocked as you are. I am a little concerned about that too. I am also concerned that I have seen him drive by my house 10 times in the last two days. I saw him at the store and avoided contact. When I was leaving, he stood there screaming at my vehicle. As you can guess, he isn't really all that normal right now. He has an alcohol problem and that makes me uncomfortable. Most likely, he filled out the papers drunk. When he is sober, he is a little more guarded than that.
 

LdiJ

Senior Member
Yes, he actually said it. I was as shocked as you are. I am a little concerned about that too. I am also concerned that I have seen him drive by my house 10 times in the last two days. I saw him at the store and avoided contact. When I was leaving, he stood there screaming at my vehicle. As you can guess, he isn't really all that normal right now. He has an alcohol problem and that makes me uncomfortable. Most likely, he filled out the papers drunk. When he is sober, he is a little more guarded than that.

Hon, if he actually put that in the paperwork then he is TOAST. There is no judge out there that is going to take him seriously at all. That doesn't mean that you should ignore the case, take it lightly, or not get an attorney...but it does mean that your attorney is going to mop the floor with him.

He will still get some form of visitation, likely phased in, if he really wants visitation, but I can just about guarantee that his girlfriend will be opposed to him having any visitation if you are going to retain primary custody.
 

Proserpina

Senior Member
Yes, he actually said it. I was as shocked as you are. I am a little concerned about that too. I am also concerned that I have seen him drive by my house 10 times in the last two days. I saw him at the store and avoided contact. When I was leaving, he stood there screaming at my vehicle. As you can guess, he isn't really all that normal right now. He has an alcohol problem and that makes me uncomfortable. Most likely, he filled out the papers drunk. When he is sober, he is a little more guarded than that.


Oh my giddy aunt - seriously?! He actually did that?!

Okay, THAT actually made me ell oh ell!

(Well, at him. It's not so funny that he's obviously not thinking about the child)
 
More Paperwork!!!

This morning I was served with more paperwork, the same guy. My ex filed for an emergency hearing and write two pages worth of things he couldn't even pretend to know. He said that his girlfriend's kids told him that I was moving to Virginia. This is not the case at all. He also said that my family has the habit of just "picking up and moving." I don't know where he got that idea, we lived in the same house for seven years, and just moved into a new house. Mind you, this house is only eight miles from the last one and it right in the middle of town.

My ex also claims that my parents live with me and that I have ten people living in a three bedroom house. This is a lie as well. My parents live ten miles away in a house that they own and have owned for almost ten years. There are a total of six people in my 3 bedroom house. Me, my boyfriend, and my four children.

My ex also claimed that my kids are not fed, clean, or cared for. (WHY DID HE LEAVE THEM WITH ME FOR FOUR YEARS AND GO MIA if that is the case).

He also said my kids lived with him for four years. They did not. When we split up, my son stayed with him long enough to finish out the school year at early head start, which was only a few months.

He claims that He "just wants to raise his children in a proper family environment." His "GF and her kids and (him) have a great house that is clean and they always do family things together. (he) helps her raise her children, they love him and (he) wants to raise his children too.

Also, according to him "he would come by on their birthdays to see them, they always wanted to go with him, but (I) wouldn't let them. (He) Did not like to see the pain in their eyes. (He) hated to leave without them. This is why (he) is requesting this emergency hearing.
 

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