COURT-Guess What.. BM was NEVER served..
The clerk at the court never entered the docket entry 2 months ago therefore, we show up at court, but BM knows nothing about any of it, because she never rec'd the certified paperwork.. Really???
Now we must wait until July for the next scheduled court date!!
I could scream!
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Typical
Court system-
Right hand does not know what the left hand is doing...
Frustrating to say the least!
Step Parenting – you might need to step back before you step in something!
I was really looking forward to getting this custody/visitation
thing started..
So frustrating!
Certified paperwork?
As in sent via certified mail? If it hadn't been delivered to her, and it was certified mail, whoever sent it would have known that she never got served because it would require a signature to be delivered. Or was it just never sent to her in the first place?
*~So sayeth Nymh~*
certified mail
is not a form of service in a lot of states for court appearances.
If lawyer handled this, lawyer should have known prior to today whether citation was returned which is signature of party upon whom papers/notice was served. So, I'd be pissed at my attorney.
If handling it pro se, keep that in mind for future reference -- if someone is served, the server (in Texas constable or private process server) returns the "citation" to the court or the party who initiates the notice/motion.
Sorry it happened. I know how frustrating it is to want closure on an issue and come up empty handed.
Evil Diva
That's what I brought up to DH
I said.. Umm honey, shouldn't our attorney have checked this out ahead of time to see whether or not BM has rec'd the papers and if the certified letter came back? you obviously can't have a hearing if the other party is oblivious.
It was never sent in the first place
No docket was entered, nothing-
I'm not sure how
your court system works..but this actually happened to someone I know a few months ago..she was livid...it was her filing against her EH. She went into the court and would NOT leave until a judge heard her..and than she asked for it to expedited..and he agreed.She got into court about 10 days later.
"He grew up in my heart, not my belly"
I'm thinking our lawyer is being a lazy a** and he's supposed to
be a great lawyer and is dealing with DH's ex in another custody hearing with her middle son so he's got her number-
I was suprised it would take another two months- We paid a $2100 retainer I am pissed I think someone is sleeping on the job, I think I need to ruffle some feathers here..
wait..
so YOUR attorney is also representing the BM in another case? ISn't that a conflict of interests..or am I not reading that right?
"He grew up in my heart, not my belly"
Not representing her
Our attorney is the attorney for BM's ex and his wife
dealing with custody issues with BM's middle son.
oh ok
I had a feeling I misread it..otherwise I was gonna say "maybe there IS some sleeping on the job"
"He grew up in my heart, not my belly"
lmao- No kidding...
I wouldn't put it past her- she's a prize, and not the kind that one likes to win, the cheap kind a person wins at carnivals!