Custody hearing

[gracie99]

What is the name of your state? TN

My son was awarded full custody of his children two years ago (ages 12 and 13). Since then his ex-girlfriend brought the case to appellate court and it was thrown out because her attorney didn't file the paperwork in the alloted amount of time. His younger son told him last night that the case was going to court again. He called the local court and found out it is scheduled but they wouldn't give him a date and time. He hasn't been served any papers as of yet. What happens if he isn't served? Can she when by default if he doesn't appear? Does he have to be served? She's claiming he was served twice, which isn't true.
Thanks,
gracie

 

[LdiJ]

What is the name of your state? TN

My son was awarded full custody of his children two years ago (ages 12 and 13). Since then his ex-girlfriend brought the case to appellate court and it was thrown out because her attorney didn't file the paperwork in the alloted amount of time. His younger son told him last night that the case was going to court again. He called the local court and found out it is scheduled but they wouldn't give him a date and time. He hasn't been served any papers as of yet. What happens if he isn't served? Can she when by default if he doesn't appear? Does he have to be served? She's claiming he was served twice, which isn't true.
Thanks,
gracie

I would recommend that he get his tush down to the appropriate courthouse and copy whatever is in the file. Despite the fact that he hasn't properly been served, if she gets a default against him its going to be a major hassle to clear it up.....and alot more expensive to fix than handling the case now.

 

[gracie99]

I would recommend that he get his tush down to the appropriate courthouse and copy whatever is in the file. Despite the fact that he hasn't properly been served, if she gets a default against him its going to be a major hassle to clear it up.....and alot more expensive to fix than handling the case now.

Thank you, he did just that.

 

[BS Spotter]

And he should also stress to the court, including filing appropriate motions if possible, that he was not properly served. The motions she filed MUST have certificates of service attached. When a certificate of service is filed, the party is stating under oath that they served that person with the stated documents. If she lied, that's should affect her credibility in court and should be noted that she's obviously attempting to circumvent the system in order to obtain custody.

 

[gracie99]

Custody Hearing

And he should also stress to the court, including filing appropriate motions if possible, that he was not properly served. The motions she filed MUST have certificates of service attached. When a certificate of service is filed, the party is stating under oath that they served that person with the stated documents. If she lied, that's should affect her credibility in court and should be noted that she's obviously attempting to circumvent the system in order to obtain custody.

When he went to the court house they would only tell him it's a petition for modification. They wouldn't tell him a date or anything else about it. They said the sheriff would serve the papers. This is a small town and they get away with a lot of stuff around there. How are they supposed to serve him? Can they just post these papers on his door?
Thanks

 

[CourtClerk]

When he went to the court house they would only tell him it's a petition for modification. They wouldn't tell him a date or anything else about it. They said the sheriff would serve the papers. This is a small town and they get away with a lot of stuff around there. How are they supposed to serve him? Can they just post these papers on his door?
Thanks

Theorectically, it should be by personal service (the sheriff personally handing him the papers), however, there are other acceptable methods of service, including certified mail, sub serving (giving the papers to someone of age in the home) or (worse case scenario and usually requiring the courts permission) service by publication (putting it in the newspaper).

Why are the courts not willing to give him information on HIS case? I would go back and speak to a supervisor. It seems awfully fishy that they wouldn't tell him when he is supposed to be in court. Makes it very difficult to represent yourself or even appear, when you don't know when/where to do so. Somethings not kosher in the kitchen.

 

[gracie99]

Theorectically, it should be by personal service (the sheriff personally handing him the papers), however, there are other acceptable methods of service, including certified mail, sub serving (giving the papers to someone of age in the home) or (worse case scenario and usually requiring the courts permission) service by publication (putting it in the newspaper).

Why are the courts not willing to give him information on HIS case? I would go back and speak to a supervisor. It seems awfully fishy that they wouldn't tell him when he is supposed to be in court. Makes it very difficult to represent yourself or even appear, when you don't know when/where to do so. Somethings not kosher in the kitchen.

I know it sounds fishy. I've never seen anything like it until we moved here. I can only tell you the things I've seen with my own eyes. There are a lot of people that would tell similar stories. Six months after my son's ex left, her a four of her friends broke into his house and stole whatever they could fit in the back of a pickup truck. They were caught red handed and the police wouldn't help "because there is a custody case going on and we won't get involved". She was caught stealing his mail, again the same response. Her boyfriend recently called and made threats against my son's life (it's on tape) and again no help. Last year when she had the boys for a visit, she kicked the youngest one and threw him out of the house at 9:00pm and told him not to come back, nobody would help.This happens to a lot of people around there. This is a small Barney Fife town and they get away with everything. No wonder Paul Harvey said Morgan County TN has the highest rate of unsolved murders. So, what are people supposed to do when there isn't anyone you can trust to turn to for help!

 

[gracie99]

Custody hearing, motion to dismiss

We finally found out what is on the papers she filed. Before the final hearing that decided who would get custody, the judge ordered the children to get counseling. Which they did attend. Counseling was not ordered in the final judgment. When she threw the youngest boy out of the house, the sheriff sent him home with his father. The next day he was arrested for custodial interference. The charges were dismissed and expunged. She's also asking for him to pay her attorney fees. He spoke with an attorney today and was told to file a motion to dismiss, that he didn't need an attorney. Is this something he should do on his own? I would be the one doing the paperwork for this and don't have any idea how to do it.
Thanks for any help.

Why are the courts not willing to give him information on HIS case? I would go back and speak to a supervisor. It seems awfully fishy that they wouldn't tell him when he is supposed to be in court. Makes it very difficult to represent yourself or even appear, when you don't know when/where to do so. Somethings not kosher in the kitchen.[/QUOTE]

 

[escape2paradise]

We finally found out what is on the papers she filed. Before the final hearing that decided who would get custody, the judge ordered the children to get counseling. Which they did attend. Counseling was not ordered in the final judgment. When she threw the youngest boy out of the house, the sheriff sent him home with his father. The next day he was arrested for custodial interference. The charges were dismissed and expunged. She's also asking for him to pay her attorney fees. He spoke with an attorney today and was told to file a motion to dismiss, that he didn't need an attorney. Is this something he should do on his own? I would be the one doing the paperwork for this and don't have any idea how to do it.
Thanks for any help.

I'm confused, is she trying to press contempt for custodial interference along with attorney's fees or is she trying to get him to pay attorney's fee's for something else. I thought this was supposed to be a petition to modify or atleast that is what your were told, correct?

 

[gracie99]

Custody hearing, motion to dismiss

I'm confused, is she trying to press contempt for custodial interference along with attorney's fees or is she trying to get him to pay attorney's fee's for something else. I thought this was supposed to be a petition to modify or atleast that is what your were told, correct?

The night before he was arrested for custodial interference, the ex-girlfriend had the boys for summer visitation. She and they younger son got into an argument, she kicked him in the groin, threw him out of the house at 9:00pm and told him not to come back. My son called the sheriff (unknown to him, the deputy was a friend of the ex-girlfriend). He let my son take his younger son home. The next day the same deputy signed a warrant for my son's arrest for custodial interference. When this went to court, it was dismissed. I don't see how she can use this because it was dismissed.

He finally got a copy of the petition to modify today and that's exactly what it says, petition to modify. Yes, we were told it's a petition to modify. Yes, she wants him to pay her attorney fees for this petition.