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Ely
Ely, Counselor at Law
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My ex wife served me with petition to modify child custody

Resolved Question:

My ex wife served me with petition to modify child custody in June. However, it was to the wrong court district. That court told her to resubmit to the proper district which she did sometime in July, but did not serve me with petition filed with the correct court. I finally received proposed order from her filed with the correct court, in late Sept, mere days before the court entered a default judgement to change custody, since I hadn't responded to the petition I knew nothing about. Ex used delivery confirmation from me for first petition to wrong court as proof to the correct court that I had been served. I am planning on filing a motion to set aside the default judgement tomorrow since I was unaware she had filed with the correct court. Chances?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am sorry for your situation.

The following distinction is very important:

Did she file a new case in the correct court, or, did she simply transfer her case from the incorrect court into the new court?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

She took her entire petition package, readdressed it and sent to the correct court district here in Utah. I have no idea if it is identical to the first one I was sent, because I was never served with a copy of the petition she filed with the correct district. She lied to the court by providing them my delivery confirmation for the first, incorrectly filed petition.

Expert:  Ely replied 1 year ago.
Thank you, J.

Okay, I am going to assume for the duration of this matter that she simply filed a new pleading in the correct court.

Chances are very good provided that you can show that you WERE NEVER SERVED with the new petition filed in the new case. In fact, not only that, but someone in your situation may wish to add within one's Motion to Set Aside Default Judgement under Utah's Rule 11 - see here.

She lied to the Court. This is a very serious matter and the Judge is likely going to bite her head off here.

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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