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Sometimes the little guy wins

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deewa

Junior Member
What is the name of your state?What is the name of your state?Colorado
Back in April, my ex-husband went to court and was awarded full custody of my daughters, ages 16 and 14, based on his claims of me not being involved in my daughters lives, yeah right, we had joint custody, and joint decision making, no child support.He is and always will be a sneaky, manipulative control freak. He and his lawyer never informed me of the hearing, although in court documents, certificates of service , says he did. He mailed the notice of hearing to my old address on the envelope, but on the certificates of service, (that go to your file, and to the judge) it had my current address. Acting pro-se,with the help of a very novice paralegal, filed an objection to the court order, based on non notification of hearing, and also filed a motion for review based on non notification. I submitted evidence, (copies of paperwork I got from the file personally down at the courthouse), along with envelopes I had kept, and "dead letter" items I was able to retrieve with the help of the post office, in St. Paul Minnesota. His lawyer kept lying in his responses back to the court saying I had over 5months notice of the hearing, and if by clerical error, I did not receive notice that was no grounds for vacate or postponement, or stay of execution. I filed an amendment to my motion for review with all 9 pieces of evidence, and questioned the court as to how a clerical error could happen 9 times to just me, over the span of 8 months?
Well, 65 days after his order for full custody was granted, it was VACATED, based on non-notification of hearing. I have my daughters back now, and his lawyer is being investigated by the bar assoc, also fined by the court system in my county, my ex's credibility is shot, as it should be, and I now have the opportunity to file for full custody and child support. I probably won't though, revenge is silly, and not in my daughters best interests. After all, it's all about them.
Just wanted to say that sometimes with perserverence,and integrity, the little guy, can win.
 



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