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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I'm Lacey. Here about almost a month ago, I was supposed

Customer Question

Hello, I'm Lacey. Here about almost a month ago, I was supposed to meet my ex husband so I could get my daughter for my week. We had joint custody, week on/week off, neither of us had to pay child support. We were supposed to meet at 6pm, but when the
time rolled around, he didn't show up. I tried calling his phone, but it was out of order, so I called and texted his new wife several times, but still got no answer. I sat there until 6:45 and notified my ex husband and his wife I was headed home and to get
ahold of me when I needed to get my daughter. Saturday came, I called and texted, still no answer. Sunday morning, I wake up to a text from him Saying I no longer had joint custody and that I now had supervised visitation and that I was 5 months behind on
child support. I literally thought they had the wrong number and asked what they were talking about and they didn't tell me. I looked myself up on public records and come to find out he filed back in March and said that I failed to appear...I was
never served papers... Just would like to know how this could've happened without my awareness and right to fight in court.
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this matter

I suggest I cannot explain how this happened. But that at this time, you should consider filing a Motion to Vacate any and all such orders because you were never served. You can talk to the clerk of the court and see if they have the forms to file - be sure to serve the Father. And then a hearing will be held and you will say you were never served and he will need to provide the information showing how he tried to serve you and why you were not properly served.

Expert:  Samuel II replied 2 years ago.

Also, check with the clerk of the court and get all the information on what documents he filed back with the court stating that you had been served, which would be required.

Customer: replied 2 years ago.
He told me that my lawyer (whom I haven't talked to in over a year, and am no longer his client) that he tried getting ahold of me several times. I still have my former lawyers number saved in my phone. I have not received a single phone call, voicemail, or a letter from him.
Expert:  Samuel II replied 2 years ago.

Thank you. I suggest you can contact your lawyer and if he was served and never told the Father that he no longer represented you, then the lawyer could be held accountable. If he served the lawyer and the lawyer told him he did not represent you, then the Father had to find another form of proper service

Expert:  Samuel II replied 2 years ago.

I suggest you check with the court and see where the service was noted. At that point you will be able to see where it was served, and if the attorney contact him and see if he accepted that service or notified the Father that he no longer represented you