Tried to file today...

[footballfan]

What is the name of your state? Oklahoma

I have posted before but am having trouble getting to my other screen name...Blendedfamily..
So anyways..I tried to file today for visitation enforcment...doing this pro se..and it's not as easy as some say it should be...
The court clerk was very UNHELPFUL!!! The only thing our area has for legal help is legal aid. where I recieved fill in the blank papers to file....and they werent even spelled right..lol
Anyways filed a motion to enforce NCP visitation...Oklahoma Statue says we get a hearing w/in 21 days..so I took Motion in and a paper for hearing set....They didnt even know what to charge me....finally figured that out and she's typing away and I said so what do I do about getting her served..she said "oh you want her served"...well DUH??? I thought maybe I could just hand it to her at walmart...lol Anyways..then she said well you need a summons....OK well legal aid didnt tell me that so I was unprepared... so I asked what does it need to say...lady got up out of her chair and pointed at the top of the paper and said really LOUD and RUDE!!!!! SUMMONS!!!! I was peeved at that point... then I said well can I file this and then come back w/ that... she said "whatever" another lady who could see this lady was being very rude..said ... I think we have a summons back here somewhere let me see what I can find...she comes back out hands it too me and tells me to fill out the top....the other lady says thats an extra $5.00 for the form....
So I get that filed and I said so I take it over to the Judges office to get a hearing date ..she said yep.... So I go there Judge is in court so Call back this afternoon..so he can sign it....so as of now it's not signed...I called about 430 and still nothing...so I will try in the moring anyways but the summons says she has 20 days to respond...well she doesn't really the hearing has to be w/ in that 20 days so she wouldn't have 20 days would she...and is this normal to have so much trouble getting a darn motion filed...

 

[stepmom&mom]

I live in Oklahoma, too. Did you go to the OK County Courthouse? We have a lawyer, so I don't have to deal with that, but I'm not surprised they aren't very patient. They are used to dealing with lawyers that no what they are doing. Not only that, but they aren't allowed to give legal advice, so that kind of limits their interaction with you. The court date DOES have to be set within 21 days. She has 20 days to reply if she is trying to dispute the hearing. That's why you are supposed to serve them the day of or day after the court date is set, when you file.

 

[footballfan]

I can understand not giving legal advice..but being rude is not really needed...and no this is in Pottawatomie County...
But really to get technical...Oklahoma Statue 43 section 111.3 states that the court clerks office will and should provide the form to file for this motion..they hadn't even heard of the statue...
They should have to follow the same laws that we the public have to follow..right?? If I were not following a law from this statue I would be held liable right?? Why is the court clerk? The reason this statue was made was so the process would be easier on the NCP...well this was not anyway easy..and it's still not even filed...after the judge signs it I have to go back up there..and walk 5 foot from one office to the other..to finish filing it..because I guess they can't do that either...Sorry Vent...

 

[stepmom&mom]

It sounds to me like they don't know what they are doing. The problem with Oklahoma is that there is no clear process for handling custody and visitation issues between unwed parents (which is stupid, since we are talking about Oklahoma.) Anyways, most lawyers only deal with divorces (as I'm sure the court clerks office usually does.)

 

[footballfan]

It sounds to me like they don't know what they are doing. The problem with Oklahoma is that there is no clear process for handling custody and visitation issues between unwed parents (which is stupid, since we are talking about Oklahoma.) Anyways, most lawyers only deal with divorces (as I'm sure the court clerks office usually does.)

This is a divorce....when I first got there that was the first question they asked...when they were trying to figure out what I owed to file....it's funny how they can just not know what to charge for a simple motion...

 

[stepmom&mom]

Maybe in Pottawatomie County no one ever filed a motion to enforce visitation order. LOL

Seriously, though, you might be better off trying to get a lawyer. Sounds like you are going to get the shaft.

 

[footballfan]

Maybe in Pottawatomie County no one ever filed a motion to enforce visitation order. LOL

Seriously, though, you might be better off trying to get a lawyer. Sounds like you are going to get the shaft.

Yeah that would be nice but the $106.00 that I paid today..broke the bank...and OHHHHH she better have to pay that back...