Uncontested divorce - Child Custody

[Chocstarfish]

What is the name of your state? VA
Several years ago My ex offered to pay for an uncontested divorce. I was in the hospital recovering from heart surgery and she brought the complaint to me to be signed. I read it, and signed it. It mentioned that we had a child but the papers did not include anything about custody. I signed the papers because we had verbally agreed to joint custody but we were still negotiating the visitation between one another.

I received a subpoena in chancery stating that I did not have to be at the hearing, but it gave me 21 days to respond. The complaint was attached and did not mention custody. I called the attorney and he assured me that custody was a seperate matter and that I did not need to attend the hearing. I had no money for an attorney, I was still in the hospital when the divorce hearing occured. When I received the final decree, it stated that my wife had sole custody of our son with no provisions for visitation.

If there was an ammendment to the complaint within the 21 one day window, would I not have to be notified of that? Would I not have to sign something? I never signed anything about custody.

 

[LdiJ]

What is the name of your state? VA
Several years ago My ex offered to pay for an uncontested divorce. I was in the hospital recovering from heart surgery and she brought the complaint to me to be signed. I read it, and signed it. It mentioned that we had a child but the papers did not include anything about custody. I signed the papers because we had verbally agreed to joint custody but we were still negotiating the visitation between one another.

I received a subpoena in chancery stating that I did not have to be at the hearing, but it gave me 21 days to respond. The complaint was attached and did not mention custody. I called the attorney and he assured me that custody was a seperate matter and that I did not need to attend the hearing. I had no money for an attorney, I was still in the hospital when the divorce hearing occured. When I received the final decree, it stated that my wife had sole custody of our son with no provisions for visitation.

If there was an ammendment to the complaint within the 21 one day window, would I not have to be notified of that? Would I not have to sign something? I never signed anything about custody.

You got conned...you didn't show up to the hearing and therefore the judge ordered whatever mom wanted.

You need to consult an attorney now. You can rectify the situation...but what you will need to do will depend on what has transpired since then.

 

[nextwife]

Several years ago My ex offered to pay for an uncontested divorce. I was in the hospital recovering from heart surgery and she brought the complaint to me to be signed. I read it, and signed it ....When I received the final decree, it stated that my wife had sole custody of our son with no provisions for visitation.

So, WHY have you waited YEARS to address this? Have you been going on for YEARS with no visitation and doing nothing about it?