Family Law Questions? Ask a Family Lawyer Online.
Hello there --
You state that you have been filing motions with the court for sole custody of your child for over a year. Did you actually file the motion for custody with the court and then send copies of the motion to the custodial parent using a Sheriff or constable to legally serve this paperwork on the custodial parent at the custodial parent's home address or business address? Once there is a signed statement from the Sheriff or Constable on record in the family court case file then the court can actually set a HEARING date on the matter and the court will notify BOTH parties that a hearing date regarding custody has been set in the case. THen you both appear at court and each of you presents arguments to the court to try to support your positions and the court will issue a written decision within about 30-60 days after the hearing date.
So if you have actually filed the motion for sole custody paperwork and then you served copies of the paperwork on the custodial parent as required by the Rules of Civil Procedure, then the court should proceed to a hearing on the matter/
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