can prove

[cokegirl42]

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


Hi,

I am so confused right now.

I went and reopened a custody case that i did not know about in the first place , the petitioner said that i lived in a city and state that i never lived in . He also said that he had no way of contacting me and filled out a dilligent search form , yet i have records of him contacting me . My hearing was scheduled and he won by default because i did not know about it.

Can he be in trouble for this , and what kind of form should i fill out to make this known to the courts before i go to the hearing?

 

[mistoffolees]

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


Hi,

I am so confused right now.

I went and reopened a custody case that i did not know about in the first place , the petitioner said that i lived in a city and state that i never lived in . He also said that he had no way of contacting me and filled out a dilligent search form , yet i have records of him contacting me . My hearing was scheduled and he won by default because i did not know about it.

Can he be in trouble for this , and what kind of form should i fill out to make this known to the courts before i go to the hearing?

Yes, he can get in a lot of trouble for submitting false documents to the court.

I would suggest getting an attorney - and asking that the judge make him pay your attorney's fees due to his gross misconduct.

 

[cokegirl42]

Yes, he can get in a lot of trouble for submitting false documents to the court.

I would suggest getting an attorney - and asking that the judge make him pay your attorney's fees due to his gross misconduct.

i can not afford a attorney , and i know he cant either since he had filled out a indigent form ,and was accepted

any other help would be great full

 

[mistoffolees]

i can not afford a attorney , and i know he cant either since he had filled out a indigent form ,and was accepted

any other help would be great full

Start here:
Court Programs - Self-Help
That is the Florida court self-help center. They should have information to get you started on the right path.

The same page also has a link to low- or no-cost legal aid. It's worth checking it out. IIRC, FL has programs where you can get an initial consultation for very little money, but the above site should help you find them.

If you do have to do it yourself, you're going to want to file (not necessarily in this order):
1. A motion to set aside the previous judgment because of lack of service
2. A motion for a new judgment granting whatever custody and other arrangements you think are appropriate
3. A motion to show cause to charge ex with contempt for filing false documents

That should get you started.

 

[cokegirl42]

3. A motion to show cause to charge ex with contempt for filing false documents

That should get you started.

ok, this is what im looking for, yet the only thing i can remotely find is form 12.950 (g) Motion for civil contempt and/or return of child(ren)

BUT
when reading though this motion form it seems as though it would be a form you would fill out if the other party is in contempt for (example; not returning the child(ren) on a timely manner so that child(ren) can attend school on a regular basis)

am i right or wrong here because im so confused right now

 

[mistoffolees]

ok, this is what im looking for, yet the only thing i can remotely find is form 12.950 (g) Motion for civil contempt and/or return of child(ren)

BUT
when reading though this motion form it seems as though it would be a form you would fill out if the other party is in contempt for (example; not returning the child(ren) on a timely manner so that child(ren) can attend school on a regular basis)

am i right or wrong here because im so confused right now

Look, you're confused.
You don't understand the online self-help information.
Custody of your children is at stake.

Call the low cost legal aid number I gave you. You really don't want to be doing this yourself.

 

[stealth2]

How long has the other parent had the child(ren)? How did that happen? When was this custody order entered?

And I hope your username has to do with the soft drink and not with a less legal substance.

 

[cokegirl42]

How long has the other parent had the child(ren)? How did that happen? When was this custody order entered?

And I hope your username has to do with the soft drink and not with a less legal substance.

it happened about 6 months ago. we had a mutual agreement , and he never returned , and ive been looking for him ever since then.

yes , coke over pepsi

 

[Just Blue]

it happened about 6 months ago. we had a mutual agreement , and he never returned , and ive been looking for him ever since then.

yes , coke over pepsi

Yeah. You might want to change that. People will misunderstand. Understandably.

 

[cokegirl42]

Yeah. You might want to change that. People will misunderstand. Understandably.

sorry , that was the farthest thought in my mind

 

[Proserpina]

OK, I'll delete my response in the other thread. I answered based purely on the "lying" aspect.

Dad COULD get into trouble here - but it's been 6 months, and that's generally long enough for him to establish status quo.

Also, can you actually prove that he knew you lived somewhere other than the address he listed?

Had you lived at that address at all?

And you haven't moved recently?

 

[cokegirl42]

OK, I'll delete my response in the other thread. I answered based purely on the "lying" aspect.

OK- THANK YOU

Dad COULD get into trouble here - but it's been 6 months, and that's generally long enough for him to establish status quo.

WHAT DO YOU MEAN BY THIS?

Also, can you actually prove that he knew you lived somewhere other than the address he listed?

YES- IHAVE DOCUMENTED PROOF OF THAT- ALL MY COURT DOCUMENTS WHERE SENT TO AN ADDRESS BELONGING TO ONE OF HIS CLOSE RELATIVES


Had you lived at that address at all?
NO- I HAVE BEEN AT THE SAME ADRESS FOR 20 YEARS

And you haven't moved recently?
NO

typed response in bold