Paperwork for Court?

[Chrln_little]

Timing

How long do they have from the time of being served to get an emergency hearing into court?

 

[Silverplum]

How long do they have from the time of being served to get an emergency hearing into court?

That's a very narrow and local question. Nobody here can answer that: call or visit your local courthouse and ask the clerk.

 

[LdiJ]

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.

He may not be granted an emergency hearing because none of that really rises to any valid emergency. However, gather together your evidence of his lies (school enrollments documentation for the children and medical records showing that they have lived with you the whole time would be helpful). Do this as quickly as possible.

Also, I cannot emphasize this enough, GET AN ATTORNEY.

 

[Chrln_little]

Attorney

I just got back from retaining an attorney. After spending a small fortune on a great attorney with an amazing track record, I am flat broke. Retaining fees are expensive especially when your ex is playing ugly.

 

[LdiJ]

I just got back from retaining an attorney. After spending a small fortune on a great attorney with an amazing track record, I am flat broke. Retaining fees are expensive especially when your ex is playing ugly.

Its unfortunate that its so expensive to get legal assistance, but I think that you will be happy that you did. Like I said before, your attorney should be able to mop the floor with him. His first petition was as stupid as it gets, and his second petition wasn't much better since he knows that you can prove that none of it is true.

 

[TinkerBelleLuvr]

Have your attorney ask that your X pay your attorney fees. You might not get it, but you certainly will not if you don't ask.

 

[Chrln_little]

Bad Advice?

As I told you guys and gals, I hired an attorney. She told me that since my ex is claiming that I won't let him see the kids, I should write him a letter and mail it to him. This letter should explain that I do want him to have a regular visitation schedule with them and that now I will basically cater to his time schedule. She also said that my ex doesn't have to see my kids regularly, that it is completely up to him.

This evening, I sat down and did part of her job for her. After all, he has someone following me to dig up dirt at all times, so why can't I return the favor?

I discovered a time line that makes me very uneasy about signing anything with him, without knowing why this sequence of events has played out in the manner it has.

In 2011, his girlfriend got divorced. Then she met him about three months later. A few months after that, she filed for bankruptcy and so did he. They saw my kids on January 13th 2013, it was the first time she met them. They bought their house in March of 2013, and the value was pretty low. After working on it through the year it is valued at $109,000.

On September 17th of this year, her ex husband filed for full custody of her kids. According to public records search, she was served on Friday the 20th. My ex then filed for sole custody of my kids on September 24th and I was served on September 27th. Their house was also listed through a local real estate company on September 29th.

I saw his mom at the grocery store and she began to tell me how proud of my ex she is. How he renovated a house and was now going to sell it. Apparently, he is looking at houses in Winchester, Virginia. Ironically, in his papers, that is what he told the court I was planning to do.

Mind you, I am very annoyed that he basically gave me warning in his complaint for emergency custody, yet he is trying to push the court to believe that it was me who was moving.

Given the information I have now, would it be wrong for me to ask my attorney for a very detailed visitation schedule, verses an on his whim if she wants to try to settle out of court? My kids have extra curricular activities that they attend regularly, I cannot just uproot them on a 24 hour notice. They would miss soccer, karate, and who knows what else. I honestly cannot afford to take them an hour away on his whim and then an hour back. To say the least, I am angry that she did not do any detailed search before delegating a very sensitive role such as offering him control of my entire life. If he stayed where he lives now, I would be open to the idea, but not with an extensive distance.

 

[LdiJ]

As I told you guys and gals, I hired an attorney. She told me that since my ex is claiming that I won't let him see the kids, I should write him a letter and mail it to him. This letter should explain that I do want him to have a regular visitation schedule with them and that now I will basically cater to his time schedule. She also said that my ex doesn't have to see my kids regularly, that it is completely up to him.

This evening, I sat down and did part of her job for her. After all, he has someone following me to dig up dirt at all times, so why can't I return the favor?

I discovered a time line that makes me very uneasy about signing anything with him, without knowing why this sequence of events has played out in the manner it has.

In 2011, his girlfriend got divorced. Then she met him about three months later. A few months after that, she filed for bankruptcy and so did he. They saw my kids on January 13th 2013, it was the first time she met them. They bought their house in March of 2013, and the value was pretty low. After working on it through the year it is valued at $109,000.

On September 17th of this year, her ex husband filed for full custody of her kids. According to public records search, she was served on Friday the 20th. My ex then filed for sole custody of my kids on September 24th and I was served on September 27th. Their house was also listed through a local real estate company on September 29th.

I saw his mom at the grocery store and she began to tell me how proud of my ex she is. How he renovated a house and was now going to sell it. Apparently, he is looking at houses in Winchester, Virginia. Ironically, in his papers, that is what he told the court I was planning to do.

Mind you, I am very annoyed that he basically gave me warning in his complaint for emergency custody, yet he is trying to push the court to believe that it was me who was moving.

Given the information I have now, would it be wrong for me to ask my attorney for a very detailed visitation schedule, verses an on his whim if she wants to try to settle out of court? My kids have extra curricular activities that they attend regularly, I cannot just uproot them on a 24 hour notice. They would miss soccer, karate, and who knows what else. I honestly cannot afford to take them an hour away on his whim and then an hour back. To say the least, I am angry that she did not do any detailed search before delegating a very sensitive role such as offering him control of my entire life. If he stayed where he lives now, I would be open to the idea, but not with an extensive distance.

I am uneasy about the advice your attorney has given you. It doesn't make sense to me. Did your attorney discuss the response that needs to be made to his petitions?

 

[TinkerBelleLuvr]

Nothing says that you can't say that until there is a court order in place, dad is welcome to see the children supervised but that he must give you x amount of time warning.

Also, keep a journal of all these nuggets of information. It will be helpful for your court case - proving intent.

 

[stealth2]

I'm a bit confused how in the space of a day you go from "a great attorney with an amazing track record" to basically a crap lawyer. Honestly? I *expected* to do a lot of legwork on my own case. Even with a good attorney. Why? Because mine was not her only case. And as important as my case was to *me*, it was only one of many to her - some more serious than mine. Also, why would you want to pay someone to put together your timeline? Why did you not have all that ready when you met with her? That makes no sense to me.

 

[Ohiogal]

As I told you guys and gals, I hired an attorney. She told me that since my ex is claiming that I won't let him see the kids, I should write him a letter and mail it to him. This letter should explain that I do want him to have a regular visitation schedule with them and that now I will basically cater to his time schedule.

Are you sure that is exactly what the attorney stated? Or did she state that you should try to compromise on some things so you are NOT always saying no.
Compromise could mean allowing him to see the children in your presence or at McDonald's or attending their extracurricular activities.

She also said that my ex doesn't have to see my kids regularly, that it is completely up to him.

That is true. Even with a court order he is not mandated to see the children -- HIS children -- start using the word OURS and not my.

This evening, I sat down and did part of her job for her. After all, he has someone following me to dig up dirt at all times, so why can't I return the favor?

How do you figure that is part of HER job? Are you going to pay her $200 an hour to do that?

I discovered a time line that makes me very uneasy about signing anything with him, without knowing why this sequence of events has played out in the manner it has.

In 2011, his girlfriend got divorced. Then she met him about three months later. A few months after that, she filed for bankruptcy and so did he. They saw my kids on January 13th 2013, it was the first time she met them. They bought their house in March of 2013, and the value was pretty low. After working on it through the year it is valued at $109,000.

And?

On September 17th of this year, her ex husband filed for full custody of her kids. According to public records search, she was served on Friday the 20th. My ex then filed for sole custody of my kids on September 24th and I was served on September 27th. Their house was also listed through a local real estate company on September 29th.

So what? Just because her ex filed for full custody doesn't mean anything.

I saw his mom at the grocery store and she began to tell me how proud of my ex she is. How he renovated a house and was now going to sell it. Apparently, he is looking at houses in Winchester, Virginia. Ironically, in his papers, that is what he told the court I was planning to do.

Mind you, I am very annoyed that he basically gave me warning in his complaint for emergency custody, yet he is trying to push the court to believe that it was me who was moving.

That annoys you? Really? What evidence do you have of him considering a move to Virginia? You tell your attorney about it?

Given the information I have now, would it be wrong for me to ask my attorney for a very detailed visitation schedule, verses an on his whim if she wants to try to settle out of court?

A very detailed visitation schedule means nothing because he does NOT have to exercise visitation. It can be helpful but quite frankly it sounds like your attorney expects you to be somewhat reasonable in allowing dad to see his children.

My kids have extra curricular activities that they attend regularly,

Does dad know his children's extra curricular activities? Have you provided him with schooling information? Put him on the paperwork? Provided him with the schedules of the activities?

I cannot just uproot them on a 24 hour notice. They would miss soccer, karate, and who knows what else. I honestly cannot afford to take them an hour away on his whim and then an hour back. To say the least, I am angry that she did not do any detailed search before delegating a very sensitive role such as offering him control of my entire life. If he stayed where he lives now, I would be open to the idea, but not with an extensive distance.

Yet you want control over his life. Why is that? Again, remove the word "MY" from your vocabulary because quite frankly that doesn't make it appear that you care about the fact that dad has rights as well.