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legally lost

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yummy

Junior Member
What is the name of your state? California

My wife filed for divorce in July04, I didn't hear anything of it, and when I called the paralegal, I was told to read my paper work. I found out that papers i recieved in her office was(I think) me being served. Three days ago I got exparte papers delivered to my office door with child custody given to her from Nevada. In further reading, she has recended the case here, opened one in Nevada with horrible accusations of my being an unfit father and stating my kids are afraid of me. Is it legal to do this? When she left southern cal, she went to her mom's in Napa. Later I learned she moved to Nevada to live with her sister-in-law. What are my rights at this point? Please Advise.]
 


LdiJ

Senior Member
yummy said:
What is the name of your state? California

My wife filed for divorce in July04, I didn't hear anything of it, and when I called the paralegal, I was told to read my paper work. I found out that papers i recieved in her office was(I think) me being served. Three days ago I got exparte papers delivered to my office door with child custody given to her from Nevada. In further reading, she has recended the case here, opened one in Nevada with horrible accusations of my being an unfit father and stating my kids are afraid of me. Is it legal to do this? When she left southern cal, she went to her mom's in Napa. Later I learned she moved to Nevada to live with her sister-in-law. What are my rights at this point? Please Advise.]
Well, if she lived in Nevada long enough to establish residency there then it may have been proper for her to file in NV. You should however get a chance to defend yourself. Normally when ex-parte orders are made a further hearing is scheduled to hear the case in its entirety. Make sure that you show for that hearing. Consult an attorney regarding whether or not you have a chance to fight jurisdiction.
 

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