HELP!! Being bullied by ex and his lawyer!!!

TxMom79 · 11-20-2014, 08:08 PM

I need any help & advice I can get. 14 yrs. with my ex, and he's been leading a double life. Have 2 girls, 11,5. At first, it was going smooth until his girlfriend started interfering. Now, I just found out we had a court date and I had no notification whatsoever. I was found in default and my ex got the right to withdrawl the girls from school and take them to the town he lives in. Can they do that??? I'm heartbroken and want my girls back.

rhinojd · 11-21-2014, 09:10 AM

I would find it unlikely a judge would order that if you didn't have notice. Are you sure a court hearing actually occurred or is he just saying it did?

If you there is a real court order, then you need to file a modification of custody, which you have an absolute right to do and so does he for until each child is 18.

Here is an article explaining child custody modification. http://www.legalmatch.com/law-librar...ion-order.html

I find it unlikely a judge would make two kids change schools without the Father providing a proof of service. It is possible the father made up a false proof of service particularly if he as leading a double life before he would have little trouble signing a piece of paper saying X served you. If that occurred the Judge would certainly like to know, but you should get a lawyer ASAP.

TxMom79 · 11-22-2014, 02:34 PM

When he came & got the girls last Friday night for his weekend, HE gave me the papers from the court hearing. Now, they are with his parents bc he's out of town all the time for work and now, apparently, they've filed papers for me to have supervised visits and for him to have custody. I don't understand. I've had my girls from birth. I don't get why this is happening. I'm not on drugs, have not gotten on trouble. I Tried to pick them up last night and his dad wouldn't let me have them since his lawyer said he would have custody.

rhinojd · 11-25-2014, 06:29 PM

I encourage you to appear in court and file a modification of custody to have the process explained to you.

I also imagine if there is a real court hearing presenting your side will assist.

Either a real court hearing is underway, and you have not appeared, which results in bad things happening, but it can be fixed by showing up.

Or this is a completely fake case that has been made up, which is also not uncommon.

Again, I highly recommend you file a modification of custody explained here. http://www.legalmatch.com/law-librar...ion-order.html

TxMom79 · 11-26-2014, 04:21 AM

Can you file a motion without an attorney? That's the problem. He's taken everything I have & left me with the mortgage & all the bills. I can't afford an attorney. And him & his attorney are railroading me. What do I do?

KouroshA · 11-26-2014, 03:20 PM

Yes. You can file a motion without hiring an attorney. All you have to do is draft the motion, sign it, take it down to the Court Clerks Office and have them file it for you. Normally there is no fees involved, but it depends where you live. If you are filing something to start a lawsuit, that would be called a Complaint & you will usually have to pay some fee. A "motion" is usually a request to the court to take some certain action in a case already pending. Just write it up, sign it and file it with the county clerks office.

Most courts have a Self-Help section on their website and you may be able to find out more information on how to file a motion.

TxMom79 · 11-26-2014, 05:03 PM

Thank you so much! I had no idea.

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11-20-2014, 08:08 PM	#1 (permalink)
TxMom79 Junior Member Join Date: Nov 2014 Posts: 4	HELP!! Being bullied by ex and his lawyer!!! I need any help & advice I can get. 14 yrs. with my ex, and he's been leading a double life. Have 2 girls, 11,5. At first, it was going smooth until his girlfriend started interfering. Now, I just found out we had a court date and I had no notification whatsoever. I was found in default and my ex got the right to withdrawl the girls from school and take them to the town he lives in. Can they do that??? I'm heartbroken and want my girls back.

11-26-2014, 03:20 PM	#6 (permalink)
KouroshA Member Join Date: Apr 2014 Location: San Jose, CA Posts: 98	File Motion Yes. You can file a motion without hiring an attorney. All you have to do is draft the motion, sign it, take it down to the Court Clerks Office and have them file it for you. Normally there is no fees involved, but it depends where you live. If you are filing something to start a lawsuit, that would be called a Complaint & you will usually have to pay some fee. A "motion" is usually a request to the court to take some certain action in a case already pending. Just write it up, sign it and file it with the county clerks office. Most courts have a Self-Help section on their website and you may be able to find out more information on how to file a motion.

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11-21-2014, 09:10 AM	#2 (permalink)
rhinojd Senior Member Join Date: Oct 2012 Posts: 326	I would find it unlikely a judge would order that if you didn't have notice. Are you sure a court hearing actually occurred or is he just saying it did? If you there is a real court order, then you need to file a modification of custody, which you have an absolute right to do and so does he for until each child is 18. Here is an article explaining child custody modification. http://www.legalmatch.com/law-librar...ion-order.html I find it unlikely a judge would make two kids change schools without the Father providing a proof of service. It is possible the father made up a false proof of service particularly if he as leading a double life before he would have little trouble signing a piece of paper saying X served you. If that occurred the Judge would certainly like to know, but you should get a lawyer ASAP.

11-22-2014, 02:34 PM	#3 (permalink)
TxMom79 Junior Member Join Date: Nov 2014 Posts: 4	When he came & got the girls last Friday night for his weekend, HE gave me the papers from the court hearing. Now, they are with his parents bc he's out of town all the time for work and now, apparently, they've filed papers for me to have supervised visits and for him to have custody. I don't understand. I've had my girls from birth. I don't get why this is happening. I'm not on drugs, have not gotten on trouble. I Tried to pick them up last night and his dad wouldn't let me have them since his lawyer said he would have custody.

11-25-2014, 06:29 PM	#4 (permalink)
rhinojd Senior Member Join Date: Oct 2012 Posts: 326	I encourage you to appear in court and file a modification of custody to have the process explained to you. I also imagine if there is a real court hearing presenting your side will assist. Either a real court hearing is underway, and you have not appeared, which results in bad things happening, but it can be fixed by showing up. Or this is a completely fake case that has been made up, which is also not uncommon. Again, I highly recommend you file a modification of custody explained here. http://www.legalmatch.com/law-librar...ion-order.html

11-26-2014, 04:21 AM	#5 (permalink)
TxMom79 Junior Member Join Date: Nov 2014 Posts: 4	Can you file a motion without an attorney? That's the problem. He's taken everything I have & left me with the mortgage & all the bills. I can't afford an attorney. And him & his attorney are railroading me. What do I do?

11-26-2014, 05:03 PM	#7 (permalink)
TxMom79 Junior Member Join Date: Nov 2014 Posts: 4	Thank you so much! I had no idea.