SOMEBODY PLEASE HELP!
BM went to court behind my husband's back and got a emergency order suspending my husband's overnight visitation. He can only see her on Tuesdays from 5-8. We haven't seen these papers yet...but the sherriff came to our house today while he was at work to serve him, but I couldn't sign for them. So he texted her to find out what was going on and she told him. She said it was based on a message that I wrote to her. The message was not even bad...it pretty much just said that sd lies all the time and they are not doing her any favors by letting her get away with it. She said that I admitted that I didn't talk to sd is why the judge signed the order. I don't know if she forged another message...or what? I don't understand how a judge could just sign a order like that w/o talking to my husband and it was obvious that the child is not in any danger...they are claiming emotional trauma...it is BS. So now my husband has until the 24th to find a lawyer and respond to the papers. We are completely broke right now and can't even afford a lawyer...she is also going for more child support and if she gets that then I don't know what we are going to do. I am freaking out right now. Is it normal for a judge to just sign off on stuff like this until the real court date? Will he have to pay more support? She lives with her husband, daughter and parents and pays absolutely no rent or utilities...we have a house, car payments, utilities and 2 young children. Has anyone been thru this? Please help.
Thanks for any replies 
im not sure
i know in my case, BM filed a motion to modify the current order, based on the allegation that i was emotionally and physically abusing SD. until they actually went to court (and FH didnt get a lawyer bc we cant afford one so he did it all pro se) nothing changed and he still had his visitation. fast forward 6 months later and its all straitened out, w tons more BM bs in between. i dont understand how any judge could grant an emergency order w visitation reduced pending a hearing unless the kid was really seriously injured or put in harm of some way. something seems wrong to me. however, as far as CS, if yr DH isnt paying the maximum he should be, even if its the amount agreed upon by him and BM, it will most likely go up to the maximum. thats what happened to us and im convinced BM did all of it just so she could get more CS faster bc she didnt want to wait 3 yrs for a review.
u dont need a lawyer to respond to the papers, if u need help call the courts. basically all we did was write a letter to her lawyer and copied the courts answering her claims, none of which were even true. ugh...it makes me so mad just thinking about all she did and got away w. if u need help, pm me and i'll try to help. goodluck.
It will be an interm order....
It will be an interm order (temporary) based on what she claimed in her affidavit/motion. Your hubby will have to prove otherwise in court on the 24th that it is untrue. BM could have said anything to your hubby, it does not necessarily mean that is why the judge suspended over night visits. The judge will just be waying on the caution side of it, that is why the next hearing your husband will have to appear at and why it is scheduled so quickly because if it is proved that BM is just causing shit, things can get back to normal for visitation.
As far as child support issues go, its based on what your hubby makes, not what you have to pay out as a family....they really could care less about that.
Try to stay calm until you have a look at the paperwork. No matter how mad it makes you, don't react and send her any messages or phone calls...avoid her, both you and hubby.
Start calling around to lawyers and ask if someone can attend for one hearing and ask if you can make payments of some sort. If I were hubby, I would make sure he is represented for this case.
Corie
I agree with Corie...
Get a lawyer no matter what the cost.
"For every ailment under the sun....There is a remedy, or there is none;
If there be one, try to find it; If there be none, never mind it." ~ W.W. Bartley
after reading the other CPS
after reading the other CPS threads, it seems to me that BM probably made up a bunch of very serious accusations so that they would act.
I'd hammer her to the wall for lying if that is what she did to get such an order.
Has he checked the courts yet?
I would have your DH contact the courts and see what was put in the reason for the emergency. Documentation must have been present. Then I would contact your cell phone company and see if you can get the text. You might have to have your lawyer subpeona it from them but they should be able to get it if you still don't. If you do you know you can email to yourself your text messages and then print them out which gives the time/date stamp of the original text so you can have a paper copy.
Good Luck to you!!! I feel your pain!
He was served
First of all, I want to thank everybody who replied!
It was a order of protection, but only for over night visits. He can see her on Tuesdays from 5-8 just like BM had said, but it didn't state the reason for the temp order, just that it is in effect until the 24th when they go to court. His mom knows a lawyer and my husband is going to call her tomorrow. What is so weird though is that since BM is claiming that I am the problem that the order of protection does not even mention my name. I could go with him to the visitation tomorrow if I wanted to...which I don't. In the court papers that he got a couple days ago it is full of lies. It says that my husband gave up his visitation for 7 weeks. It is true, but he did it because BM begged him, because she needed to go to church every Sunday or she wouldn't be able to do her first communion, but he went there during the week to see her...so it's not like he completely bailed on her.It also said that we have a unstable marriage and that my husband told her in a text that we are getting a divorce...which he denies ever saying, and I know my husband is smarter than that...to put something like that in writing. It said that we moved in August and we really moved in June. It said since the original court order that he is remarried...which he is not. We were married when the original court order went into effect. I know most of this could just be a misunderstanding...except the text message that she says my husband sent her. Isn't that perjury? When he responds to the papers he is going to put in there that he wants me, him and sd to do counceling which I am all for and we would also like bm to be part of the sessions. Really, I want a shrink to tell her that she is messing up her kid...lol. Do you think a judge would order that?
Another thing that worries me is that bm's parents are both cops. I'm not sure if that would effect anything or not. The judicial system is corrupt and it just seems like everything is against us. Sorry this was so long and was probably hard to read...but I am really pissed off right now.
good luck
our BM lied about alot in her motion to modify, she claimed i was abusing SD. she even said FH refused to take SD to the dr on a wkend that wasnt even his visitation. they went to mediation and the next day she called my fH claiming that my SS abused SD. she told her lawyer this alos, but when the mediator questioned her she changed her story. a GAL was ordered and nothing was found of course bc we werent doing anything worng, BUT BM never got reprimanded at all for lying and falsely alleging abuse. so i hope it work sout fo ru, but i wouldnt count on the perjery charge. bottom line, it doesnt matter what she says, if its not true she has the burden of proof.