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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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i was served with papers from my soon to be exhusband who is

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i was served with papers from my soon to be exhusband who is filing for sole custody of our daughter. I have only 2 weeks left to respond to his request and cannot find an attorney that will help me because I have NO MONEY and i need to know what forms i need to file in order to respond to his motion for temporary relief, summons, and complaint. I called the family court and they said they dont have the forms and they cant tell me what forms to file... I simply need to know what forms i need to file in response or else I will lose my daughter to an abusive alcoholic
Submitted: 4 years ago.
Category: Family Law
Expert:  Samuel II replied 4 years ago.

hi

 

i have searched and there are no forms online that i can find. however, what you can do is contact a "pro se" clinic in your county and the can provide the forms and help for you to get this done.

 

here is the information - scroll down to where it says "pro se" clinics.

Customer: replied 4 years ago.
My question is what forms do I need to respond? I dont have time to go to a clinic.... I need to know what forms to file in response so i dont lose my child!!!!!!
Expert:  Samuel II replied 4 years ago.

hi

 

i will opt out and allow another expert to assist you.

 

good luck

Expert:  AlexiaEsq. replied 4 years ago.

Dear paints, unfortunately, opposing a Motion is not a form, as each matter is different. Lawyers, therefore, don't use forms, they draft responses. However, some courts do provide the structure and I'm sorry SC does'nt do so. However, here is what you can do. Use another court's structure (I'll get you one), and tailor it to your case by using your ex's motion format (but call yours OPPOSITION TO XXX's MOTION). That means, changing title, parties names, docket #, etc. court name, etc. to your case. Then, put in YOUR facts as to why you oppose. You can attach any documentation supporting your contentions.

 

For instance, if you go here:

http://www.dcbar.org/for_the_public/legal_information/family/family_court_forms/index.cfm

 

DC does a great job with some form structures for pro se litigants. You can prepare in WORD or similar software. You can literally copy his front page, in terms of the caption heading.

In particular, scroll down to Oppostion to Motion. Very simple. You must make sure to follow any directions in the paperwork received on SERVING the other party with the Opposition you will be filing with the court. You should also be sure to read your local court rules of procedure on Motions. They are found in your court's law library.

I also note that the SC website notes that some forms ARE available from the clerk, so I hope that they weren't pulling your chain. But not a loss, you can do this!

You also can get your court rules here if you can't get to the libary. Look at the sections on CIVIL & FAMILY: http://www.sccourts.org/courtReg/index.cfm

 

Also, two weeks is plenty of time to get to a clinic, although I would definitely urge you to go on day one and not put if off. There is much at stake, and although they are not perfect, those in the legal clinic will be more familiar with your court's rules than you are and can help ensure you don't leave anything out. It may mean taking a personal day from work if they are not open on the weekends, but the price is right, so I'd be using them if they'd have me.

 

Good luck. You CAN do this. And, there is a rule in that family set of rules indicating that if someone doesn't answer, they can still be at the hearing and present their case. I do still recommend a good solid written opposition, however, with affidavits, attachments, etc. of any evidence supporting your position.

 

 

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My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11712
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 8 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
my question is very complex so please bare with me...
On july 14 my x took me to court saying that i wouldnt allow him his summer/holiday visitation with my daughter and was trying to get custody taken from me for this reason. This is a BOLD FACE LIE, and i have proof of this fact, but i was not able to present it to the judge at the time because the proof i have is in text messages on my cell phone which i am unable to get printed out. He also stated i was in violation of the court order for taking my daughter around my boyfriend which is actually true. BUT... he had been doing the same thing for months and i notified the guardian ad litem on two separate occassions of this and she never responded back to me so i thought it was ok for me to do the same. and yes i also have copies of the emails sent to the guardian ad litem as proof of me trying to contact her. I also made NUMEROUS phone calls and never got ANY response back from her. My x also said that I was saying bad things about him to my daughter which is a lie he is the one that has been saying bad things about me and yes i do have printable proof to present to the court. the biggest problem is i dont know how to fight to get the judges decision reversed. I had my daughter taken from me and placed with my x's parents and was given visitation rights pending a home investigation BUT he was also able to take our home away from me as well and caused me to lose my job. I am still unemployed because i have NO transportation, no family and im staying in a run down travel camper that is not fit to have my daughter in so im not even able to see her...... this man has succeeded in taking my whole life away from me and i need to know what i can do to fight for my child.... i have no one to turn to and i need my baby gurl back... what can i do to fight this????
Expert:  AlexiaEsq. replied 2 years ago.
Hi paints, I am going to address your concerns here, but in the future, if you could kindly put this new question in a new post transaction, it would be appreciated, since this old one has been completed. Thank you for your understanding.

my question is very complex so please bare with me...
On july 14 my x took me to court saying that i wouldnt allow him his summer/holiday visitation with my daughter and was trying to get custody taken from me for this reason. This is a BOLD FACE LIE, and i have proof of this fact, but i was not able to present it to the judge at the time because the proof i have is in text messages on my cell phone which i am unable to get printed out. Why didn't you bring your cell into court and show the Judge the messages received OR, show them to the ex and ask him if he recalls texting you? You can also simply testify as to the communication.

He also stated i was in violation of the court order for taking my daughter around my boyfriend which is actually true. Why is this prohibited? Is your boyfriend an unhealthy influence for a child?

BUT... he had been doing the same thing for months Does he have a nasty girlfriend? If not, why can't she be around the child? It makes life so much more difficult having to worry about whether your friend and your child have to be separated.

and i notified the guardian ad litem on two separate occassions of this and she never responded back to me Consider making all communications by certified mail, r.r.r. after making the phone call. Then also get a hold of your monthly phone call details (incoming and outgoing phonecalls/numbers) so you can prove you called her at X times.

so i thought it was ok for me to do the same. Why, didn't you say it was contrary to court order?

and yes i also have copies of the emails sent to the guardian ad litem as proof of me trying to contact her. Except email doesn't always make it - ergo, cert. mail.

I also made NUMEROUS phone calls and never got ANY response back from her. Which is why the phone details records may be helpful.

My x also said that I was saying bad things about him to my daughter which is a lie he is the one that has been saying bad things about me and yes i do have printable proof to present to the court. Printable proof is typically hearsay, so I would read and absorb the Rules of Evidence, particularly Hearsay and the exceptions to same, so you can get this evidence in.

the biggest problem is i dont know how to fight to get the judges decision reversed. First, you only have 20 to 30 (check your local rules) to file an appeal. You may have 10 days or less to file a Motion for Reconsideration of that decision. If he ruled longer ago than that, and put custody in the ex, you may have blown your time limits. Instead, you'd have to find a material change in circumstances SINCE that order that makes it in your child's best interests to be back with you. I do urge you to read up on all of your custody cases in your jurisdiction, as well as your related statutes.

I had my daughter taken from me and placed with my x's parents You mean the ex didn't even want the custody? And they took custody of you and gave it to a 3rd party? What did the judge determine was so unfit about you?

and was given visitation rights pending a home investigation BUT he was also able to take our home away from me as well Pray tell, how did he do that? Was this a divorce issue and did dad win the house?

and caused me to lose my job. Really? Did he order the employer to fire you? The employer is not bound by anything the Judge says, since it is not part of the case, with the exception of wage garnishment, possibly.

I am still unemployed because i have NO transportation, How are is it to walk or bike to town?

no family Anywhere?

and im staying in a run down travel camper that is not fit to have my daughter in so im not even able to see her...You can likely arrange to have visitation at the grandparents' house...

this man has succeeded in taking my whole life away from me and i need to know what i can do to fight for my child....Study up your custody rules/cases, start walking or biking to a job, be creative in how to get into a better dwelling, such as moving in with a housemate, renting a room or two in a bigger house, in exchange, say, for doing the housekeeping.....You likely need to get very proactive and driven, to get this moving in the right direction.

i have no one to turn to and i need my baby gurl back...Remember, the judge will not be interested so much in what you need for yourself, since the law says that the decisions are to be made "based on the best interests of the child." SO you need to gear your thoughts to that standard, and your language when you communicate with the judge. what can i do to fight this????
See above. There is no quick resolution, but doing whatever it takes to get a job and a home is first priority - so you can get visitation sooner rather than later. The longer it goes with the child not living with you, the less likely custody will revert so long as all is well as is. But, a judge will always want a child reunited for visitation purposes with a caring mother doing the right thing.

So, get that job without a car (maybe even carpool), get a new place to live, and STUDY up all there is to know about custody decisions. If you are going to act as your own attorney, you need to study up a lot. It may take us 7 years of college plus a few of practice, to become proficient, but since you are ONLY studying custody issues, you can learn a ton in a few months IF you study it every day, make it a mission. (Consider getting a subscription (limited to your legal area) with Westlaw or LexisNexis if you don't want to go to your court library every day - it is online now.) And don't forget to learn your local court procedures, so you can effectuate your requests.

Good luck.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely appreciate your abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.



Customer: replied 2 years ago.

Yes ma'am i'm sorry.. I sent that question last week and had no response so thought i did something wrong...

 

as for the questions you asked...

Cell phones are not allowed in the court even if you ask for an exception i tried. I also tried to bring up the text messages when the judge allowed me to speak but my x's attorney interrupted me and said it was untrue and without having proof the judge apparently got frustrated with the back and forth he's lying she's lying.

 

Im not sure why it's prohibited for my daughter to be around new "partners" but his attorney had the paperwork done up and that was one of the things checked on it. He had been taking my daughter around his girlfriend for months before i allowed my daughter to be around my boyfriend (the only reason she was around him in the first place was so i could keep my job but due to my x and all this harrassment i lost the job and had to call it quits with the boyfriend) and no one including the guardian ad litem who admitted getting my emails said anything about him doing it so i thought it was ok for me to do the same..

 

i guess rather than wasting anymore of your time is there a specific website i can look at to get started? my x has put me through so much abuse physically mentally and emotionally.. he is an abusive alcoholic and nearly killed me in a motorcycle wreck because he was drunk and then being a "good wife" i used my settlement money from the accident to pay $8500 for his attorney to keep him from being found guilty of DUI which he was charged with only for him to turn around and cheat on me and now do this... im totally frazzled and have no clue what to do now that my daughter has been temporarily placed with his parents.

 

This isnt even divorce proceedings yet? This is all still under the legal separation and custody issue. This man has manipulated the court and my daughter and no one here seems to want to listen to me even when i show them proof??? I have since sending this last question decided to move and have been applying for jobs because i knew there was no way i could do that here as i live almost 20 miles from town and have no transportation and not even the option of public transportation.

Expert:  AlexiaEsq. replied 2 years ago.

Yes ma'am i'm sorry.. I sent that question last week and had no response so thought i did something wrong...above, it is saying you only sent it yesterday, 10/18/11

as for the questions you asked...

Cell phones are not allowed in the court even if you ask for an exception i tried. This is not true. If it is evidence, it needs to be allowed. However, since you asked on the record and it was denied on the record, you would have had grounds to appeal the judge's decision prohibiting you from presenting your evidence. Also, in the future, consider taking photo graphs of the phone with the texts readable, and bring those in as a back up.

 


I also tried to bring up the text messages when the judge allowed me to speak but my x's attorney interrupted me and said it was untrue I would have objected to him testifying - that is not his authority, as attorney. It is up the the trier of fact (judge or jury) to determine what the truth is.

 

and without having proof the judge apparently got frustrated with the back and forth he's lying she's lying. Again, read your rules of evidence and other books on trial strategy and objections, etc., so you can learn how to get your objections on the record so you can use them to appeal.

Im not sure why it's prohibited for my daughter to be around new "partners" --Apparently you two either put this in a prior agreement OR, the judge put it in a prior order, because this is not automatic.

 

but his attorney had the paperwork done up and that was one of the things checked on it. Did you sign it? If you signed it, than it is YOUR agreement.

 

He had been taking my daughter around his girlfriend for months before i allowed my daughter to be around my boyfriend (the only reason she was around him in the first place was so i could keep my job but due to my x and all this harrassment i lost the job and had to call it quits with the boyfriend) last thing you probably need right now is a boyfriend, seems you have a lot of things to do, and social life may have to be put on the back burner.

 

and no one including the guardian ad litem who admitted getting my emails said anything about him doing it so i thought it was ok for me to do the same..Always confirm, don't just act on presumptions if you see that it actually conflicts with the Judge's order.

i guess rather than wasting anymore of your time is there a specific website i can look at to get started? Started with what? Legal learning? Try West law or LexisNexis.

 

my x has put me through so much abuse physically mentally and emotionally.. he is an abusive alcoholic and nearly killed me in a motorcycle wreck because he was drunk and then being a "good wife" i used my settlement money from the accident to pay $8500 for his attorney to keep him from being found guilty of DUI which he was charged with only for him to turn around and cheat on me and now do this...Yes, some poor judgment in the past, but that can all change.

 

im totally frazzled and have no clue what to do now that my daughter has been temporarily placed with his parents.Consider getting some therapy to help you de-frazzle, get that job, get an appropriate place, etc.

This isnt even divorce proceedings yet? This is all still under the legal separation and custody issue. Why don't' you just file for divorce if you want one?

 

This man has manipulated the court and my daughter and no one here seems to want to listen to me even when i show them proof??? I have no idea why - what proof did the ex present against you?

 

I have since sending this last question decided to move and have been applying for jobs because i knew there was no way i could do that here as i live almost 20 miles from town and have no transportation and not even the option of public transportation. Moving is likely a terrific idea! Where jobs are available at a walking distance or biking distance, or bus.

 

You can do this!

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