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His lawyer 'put the wrong thing' in the papers?

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mrsnolen311

Junior Member
I live in Tennessee he lives in Louisiana.

I was the first to get a lawyer in Tennessee and we were doing an uncontested divorce. We agreed that I would have the kids the majority of the time and he would have set visitation. His mom got in the way and got him a lawyer down there and I received papers in the mail from his attorney with a court date for next month stating that my husband wanted the children the majority of the time with me the one with the visitation and paying him child support. My husband sent me a text message a couple weeks later saying it was a mistake but when I got the message I tried to call him and his phone was cut off so I called his lawyer and told him about the message and his lawyer said when he talks to him he can get the new papers sent out before out court date. So I finally got to talk to my husband who confirmed it was a mistake and he didn't even know we have court next month but he is a procrastinater and I'm afraid he won't get in touch with his lawyer so then we will be going to court not even knowing what we want. This is all ridiculous. I can't even afford to get an attorney down there. What should I do? Thanks.
 


LillianX

Senior Member
A mistake? That sounds like he is fighting for primary custody of the children and doesn't want you to be too angry about it, and is now just dodging you until the court date so you are unprepared.
 

mrsnolen311

Junior Member
A mistake? That sounds like he is fighting for primary custody of the children and doesn't want you to be too angry about it, and is now just dodging you until the court date so you are unprepared.
I thought about that. Apparently he joined the military and ships off to basic in January so I don't know how he would plan on having them.
 

mistoffolees

Senior Member
I live in Tennessee he lives in Louisiana.

I was the first to get a lawyer in Tennessee and we were doing an uncontested divorce. We agreed that I would have the kids the majority of the time and he would have set visitation. His mom got in the way and got him a lawyer down there and I received papers in the mail from his attorney with a court date for next month stating that my husband wanted the children the majority of the time with me the one with the visitation and paying him child support. My husband sent me a text message a couple weeks later saying it was a mistake but when I got the message I tried to call him and his phone was cut off so I called his lawyer and told him about the message and his lawyer said when he talks to him he can get the new papers sent out before out court date. So I finally got to talk to my husband who confirmed it was a mistake and he didn't even know we have court next month but he is a procrastinater and I'm afraid he won't get in touch with his lawyer so then we will be going to court not even knowing what we want. This is all ridiculous. I can't even afford to get an attorney down there. What should I do? Thanks.
Call the attorney again to remind him
 

mrsnolen311

Junior Member
Call the attorney again to remind him
I was thinking about doing that today. The only problem is my husband really doesn't have a phone. He called me from one of his friends so I could give his attorney that number but it's not guaranteed. If this really is all a mistake and we can never get in touch with my husband I wonder what will happen when we go to court. Would the judge be upset about everything being unprepared? Why is there even a court date anyway.. could I ask for mediation first or is that too late since there is a court date?
 

mrsnolen311

Junior Member
It turns out Lillian was right I think. It was all a lie to try to get me to be unprepared. I found this out today when I got in touch with his mom and she told me he was lying and she proved it by telling me the court date and said he is lying because he is a coward. so now i don't know what to believe because you can't trust his mom either so all i can do is get the lawyer i can't afford and be prepared.
 

mrsnolen311

Junior Member
Wait a minute - which state actually has jurisdiction over the children?
We moved around a lot because he lost his job then the last time was living at his parents house in Louisiana for 5 months when I left him and moved to Tennessee with the kids which he gave me permission to do. We have been living in Tennessee for a year now. I actually got a lawyer up here first but we didn't file it with the court then my husband got a lawyer and filed down there. So I don't know?
 
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mrsnolen311

Junior Member
So now that I know it's not a mistake, what he wants is joint custody with him having the physical custody and me visitation and paying him child support. I have been the one who takes care of them the most since they were born and I have been with them all the time and they are used to being with me and they are taken care of and I stay out of trouble. He used to be a good father and person staying out of trouble but since we have separated he hasn't helped me support them at all and has been hanging around the wrong people and stole money from his parents and I just found out he got put in jail yesterday from a warrant from unpaid tickets, he got laid off from his job again, he doesn't have his own place, and if he still can.. he claims to have joined the military and goes to basic in January. Just to give you some background. I really don't think I have anything to worry about but I still worry.
 

mrsnolen311

Junior Member
Personally? I would contest LA having jurisdiction over custody matters.

How would I go about doing that? I'm not sure I have any proof of when we moved there but I know it was in January and we moved in June. They could always argue and say it was December if we have no proof I guess it would be word against word but I know it was January because we visited his parents for Christmas in December and went back home to my parents house then in was a couple weeks later when we moved to his parents in January. What do I need to do to try? Thanks!!
 

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