Attn! anyone who knows Or. Family Law. He will destroy my relationship w/kids. How do I save my kids?

Question

Dec, 01 final hearing, Feb, 02 received Judgement letter. In the time between, Ex trashed all assests, Decree could not be written to match judgment letter. Attorney filed for extention as docet wouldnt allow meeting with judge until after deadline. Court clerk accidentally dismissed my 1K divorce. Unknown to me Ex files while my divorce has been dismissed. Has me subtitute served. Someone no one knows, received the service and he did not live at the residence. I was never notified. Ex files 30 day petition for lack of response and gets everything, Custody of my children, I have no visitation rights etc. I find out, my attorney has my divorce reinstated and ex's divorce set aside. We are now scheduled for Oct. 22, 06 The Judge gave a protective order of the status quo. So the kids stay with Dad for now. I was originally granted sole custody. My Ex has since falsly accused me of abuse, obtained an R/O (All Lies) I,m fighting. June 29th was the last contact w/kids. HELP

Answer 1

If you legitimately didn't receive the serve, the court should set aside the proceedings. So all of that is done correctly and you're back to square one, basically. I know it's tough to not see your kids, but until the next court hearing you have to comply with the order of the court.

If you step out of line or try to violate the RO to see the kids it will just strengthen his case and weaken yours. Being accused of abuse is sadly something the family court sees all the time, there is way too much bs and not enough substance in those courtrooms. Are the kids being interviewed by a 3rd party psychologist to validate or dispute the abuse claims? You certainly have the right to ask that they be interviewed and their mental well being be assessed after being with dad all summer.
Your attorney needs to grow some balls! Or get a different one that has teeth. This isn't a let's all sit down and work it out situation, and if you have one of those guys as your attorney he needs to go. You need someone who's going to fight for you.

Don't worry about the assets, your reputation, the money, worry about the kids. They are the only priority now.

Answer 2

It's hard to swallow your case.
beacuse, the court tried to notified you by letter. Either by a certified letter, a sheriff or somebody from court. If the court never received notice from you, the judge had no other choice but to give your ex, your' kids.
But, that's not the end. Keep fighting it!! Good Luck!!

Answer 3

I cannot help but I am so sorry ... you must feel awful.