What is the name of your state (only U.S. law)? CA
Quick run down. Been in a relationship for 4 years, have a 2 year old son. I recently left his father on Dec 27 for being physically, verbally and financially abusive. I wasn't able to make it to court to file for a restraining order until the morning of the 29th. I was given full custody with no visitation until the court date. We have a court date in San Diego county (Where I filed) on the 19th of Jan. He was served the restraining order Jan 7th.
Now I have found out that my sons father went to a court in a different county Dec 28th and had an emergency hearing regarding custody and visitation. I was never served, and didn't find out about it until the evening of Dec 29th. My ex took the paperwork to be served to my Mothers house, dropped it off on her doorstep, called her house and left a voicemail saying 'You've been served'. I'm not staying at her house, I'm in a different county. I can't take my son out of San Diego county until our court date, and my mom is in Riverside county so I have not even been to her house.
I still haven't seen the paperwork, because my Mother took it back to the court to tell them that it had been improperly served. Can I use the fact that I was improperly served to my advantage? Should my mother fill out some sort of a declaration stating how she was served? This is my first time dealing with ANYTHING legal, and I feel completely lost. I left with nothing but a bag for my son and I, my dog and my laptop. We also have court dates on the same day for the case that I filed, and the case he filed. All the things he said about me on his custody case are completely false. I have pictures of marks he has left when he has hit me before.
Thank you in advance for any advice you can give me.
Quick run down. Been in a relationship for 4 years, have a 2 year old son. I recently left his father on Dec 27 for being physically, verbally and financially abusive. I wasn't able to make it to court to file for a restraining order until the morning of the 29th. I was given full custody with no visitation until the court date. We have a court date in San Diego county (Where I filed) on the 19th of Jan. He was served the restraining order Jan 7th.
Now I have found out that my sons father went to a court in a different county Dec 28th and had an emergency hearing regarding custody and visitation. I was never served, and didn't find out about it until the evening of Dec 29th. My ex took the paperwork to be served to my Mothers house, dropped it off on her doorstep, called her house and left a voicemail saying 'You've been served'. I'm not staying at her house, I'm in a different county. I can't take my son out of San Diego county until our court date, and my mom is in Riverside county so I have not even been to her house.
I still haven't seen the paperwork, because my Mother took it back to the court to tell them that it had been improperly served. Can I use the fact that I was improperly served to my advantage? Should my mother fill out some sort of a declaration stating how she was served? This is my first time dealing with ANYTHING legal, and I feel completely lost. I left with nothing but a bag for my son and I, my dog and my laptop. We also have court dates on the same day for the case that I filed, and the case he filed. All the things he said about me on his custody case are completely false. I have pictures of marks he has left when he has hit me before.
Thank you in advance for any advice you can give me.
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