The non costodian father served me with parenting plan papers. He filed the papers 10/29/07, and served me 11/28/07, and on top of that our court date is set for 12/12/07. I have no time to file a response or get legal help or even do basic research that a person would do in this case.
The papers served to me have a paper inserted in it stating there is a non contested court date on 12/12/07. None of the paperwork is filled out correctly. My name is grossly mispelled, and birth date is wrong. My daughters age is wrong, and her grade level is not correct. Basically they have one legal stamp that is on a blank piece of paper, and all the forms are really fishy. He is asking for alot for not ever seeing is daughter in more then 7 years also. The court date is whited out, and new one is written over the old one. The real date says somethign different.
My questions is
Can I contest a non contested scheduled court date on the basis that I was not served on time.
2007-11-28 16:26:58 · 10 answers · asked by chicata25 4 in Politics & Government ➔ Law & Ethics
Also can I get the court date changed? Given that I do not have the 20days I'm suppose to legally have to respond to the summings?
2007-11-28 16:28:49 · update #1
It's the middle of the night. No Attorney open this late. Obviously i'm going to contact one soon. Just want other peoples oppinion, perhaps someone has gone through a similar situation.
2007-11-28 18:18:39 · update #2
Contact an attorney immediately. If you cannot afford an attorney, contact your state's Bar or Bar Association and ask if there is a Legal Aid agency available to give you free assistance. You can also ask the Clerk of the Court for your county or parish about Legal Aid or legal assistance.
While you have the Clerk of the Court on the line, ask if they can confirm the dates and times. Get clean copies of the documents. Work on this immediately. Remember that the Clerk of the Court cannot give you legal advice.
Good Luck!
2007-11-28 16:44:05 · answer #1 · answered by zoldhuszar 2 · 0⤊ 0⤋
you have plenty of time to get an attorney. Just go tomorrow and get one. If you cannot afford one, contact your local legal aide dept (call united way they can tell you the number).
If it were me, even if I had to cancel Christmas gifts or sell my car, I would get an attorney. I would borrow the rest if I had to. While it is important a child see both parents (unless they are a physical or emotional threat to the child), you need to protect the both of you by hiring an attorney.
If you have any other questions regarding the papers you were served prior to hiring an attorney you can call the clerk in the court listed and ask. Every jurisdiction and judge is different, so don't leave it up to advice you get here, make the phone call.
2007-11-28 16:40:01 · answer #2 · answered by James Watkin 7 · 0⤊ 0⤋
Actually sure she will be able to do that. From a authorized stand factor she is the youngster parent too. She has each proper to inform you that you simply cannot come round and that you simply cannot have the youngster. And you already know what? The police cannot do whatever approximately it till a custody contract is drawn up. You cannot even press kidnapping fees on her. Quit the medications. When you do move to courtroom they CAN ask for a drug scan and the pass judgement on will most of the time order it. Stay off the medications. They can organize them sooner or later too and you are going to be a bigger mum or dad for it. Good good fortune.
2016-09-05 16:27:59 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I would first call the clerk of courts and find out the tru court date. Then get a lawyer. If you can't afford one then go to court and tell judge the situation. They will more than likely reschedule.
2007-11-29 07:56:46 · answer #4 · answered by Molly 6 · 0⤊ 0⤋
You need to call the clerk of the court and talk with them. I think you should be able to change the date, because he has to have you served within a certian time frame. And don't worry if he has had nothing to do with your child then your ok. Trust me I went through the same thing only my son was 2. And he got nothing !!!! But please talk to a lawyer... it is worth the money you spend. Good luck!!
2007-11-28 16:32:14 · answer #5 · answered by valerieaz76 2 · 0⤊ 0⤋
Call a lawyer.
It sounds fishy to me, but in custody cases you do NOT want to miss a court date if it IS real, because to do so could cost you a default judgment.
Richard
2007-11-28 16:32:46 · answer #6 · answered by rickinnocal 7 · 1⤊ 0⤋
Call the courts. I do not know what state you live in, but here in California you are not allowed to serve your own papers. So if he gave them to you, they are probably not real.
2007-11-28 16:31:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Something seems very fishy here. Contact an attorney immediately and get this straightened out.
2007-11-28 16:30:18 · answer #8 · answered by aloha.girl59 7 · 0⤊ 0⤋
Let an attorney, who is your trusted friend or relative, verify the documents served on you to verify the validity and how to reply to it.
2007-11-28 16:34:05 · answer #9 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
You need to get a lawyer or rist losing your case.
Don't come on here expecting professional know-how.
Pick up your phone and call.
2007-11-28 18:14:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋