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Final hearing Tuesday, BM says she didnt know?

OhMeOhMy's picture

Any help is appreciated on this.

This is out final court hearing for custody of my ss and sd. Anyway, bm is saying she just now found out about it. What will happen in court? Court was postponed in the past because she claims she didn't get the papers. We have a lawyer, she doesn't. Would the court have notified her this date was set? We are fearful it may be put off AGAIN. We live 9.5 hrs away so its an expensive ordeal for us to court.

Anything?

herewegoagain's picture

Just because courts say they did something, doesn't mean they did. Believe me, aholes at court claimed they told DH about CS garnishment...yes, sorry, they did...the letter arrived at our home ONE WEEK AFTER his wages were garnished, although the date on the actual letter, not envelope, had a one month earlier date.

Orange County Ca's picture

Notifying her is your attorneys responsibility. That is what you're paying for. It is not the courts responsibility. Call your attorney Monday for reassurance that he has the paper to prove she was served. Normally this is done by a local county Sheriff officer, hired by your attorney, who signs a paper stating when and where. Get the time and date and call the BM and tell her that since she was served (quote the time and date) the hearing will go on as scheduled and if she does not appear its very likely she will lose - which is the truth.

If your attorney says she was served ask him to call her and remind her.

For future reference this is what I did in addition to the sheriff: I give her a copy the next time I picked up the kids and I mailed one regular mail.

Ask her if she needs a ride and if she does she can buy the gas.

OK OK just kidding.

OhMeOhMy's picture

Thanks for the replies Smile so even tho this is the....4th or 5th court court date, she still has to be 'served' the papers? I am ready for this nightmare to be over. Whimsey, great idea, ill mention it to the lawyer!!

OhMeOhMy's picture

Well, we went to court and it was postponed... now the final hearing is jan 2nd, no matter what excuse she has this time

OhMeOhMy's picture

very, very true... the waiting part is almost the worst part. its so full of unknowns between now and then! good luck. Smile