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dkennedy
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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I received an order from the court indicating that custody

Customer Question

I received an order from the court indicating that custody of my son Lance was awarded to his mother. I never was legally served any court papers indicating that there was a petition even filed. I filed a motion disputing the order and it was denied. I told the magistrate that this was a ploy against me to move my son out of the state without me without allowing me to properly and legally fight for him. Today I received a motion to relocate my son to Texas. What can I do to stop this from happening?
Submitted: 5 years ago.
Category: Family Law
Expert:  dkennedy replied 5 years ago.
Hello,

I would like to help you with this. Can you tell me what sort of a Motion you filed? What, exactly, did you say in the Motion?

Can you afford an attorney?

Did she file right there in Texas, or did she move away and file in another state?

How long in the other state?
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 7 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

. I never was legally served any court papers indicating that there was a petition even filed. Lance is 4 years old and we have never been away from each other.

I was sole guardian of Lance one year when his mother moved to Texas after we separated. She has since moved back to Denver and we attempted to mend our relationship for the sake of the child. When things did not work out and the household became uncomfortable for all of us. I decided in the best interested of the children I would move temporarily with my father; however, Lance still stayed with me weeks at a time. On July 28th, I received relocation motion from the courts insisting that the courts allow Lance to be moved out of the state. I believe my rights have been violated. The mother indicated that her "friend" served me the custody papers. However, I never received them. This is a ploy move my son out of the state without allowing me to properly and legally fight for him. I love my son dearly and I believe that a son needs his father just as much as sometimes more than his mother. The mother indicated the reason for the move is because of financially hardship as she is without a job. My sister and father have both offered her employment opportunities within their companies but she rejected the opportunities. She also indicated that she has a better family support group in Texas, but she has no family in Texas. The reason for her move to Texas is primarily in "her" best interest not my son's.

Expert:  dkennedy replied 5 years ago.
So, I understand that the mother got custody "behind your back". You need to get this into court, first and foremost. You should formally dispute that the papers were ever served to you and file a Motion that the custody Order be set aside. I wasn't clear from your info that there was a custody order, but if there is one, it should be vacated.

You need to demand a court hearing, and at that hearing, have all your evidence including witnesses that you have had a substantial relationship with your son.

You didn't answer my question about an attorney, but you absolutely must get an attorney to fight this. It is way too important to try to do this alone. She probably has an attorney and it is no match for you. Call around and get an experienced attorney who will fight for you. Get a hearing and presesnt your evidence against the child moving.

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