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My ex wife has filed an ex parte claiming an arrest 2 months…

Customer Question
My ex wife has...

My ex wife has filed an ex parte claiming an arrest 2 months ago that I informed her of no more than a week after said event now causes her to believe our son is in danger, and also claims false allegations of past abuse despite myself having witness accounts to attest to that and texts from the beginning of the month showing that she had no objections or fears until I wanted fathers day weekend with our son which began her whole escapade of filing the ex parte order. What do I do?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

How do I counter file anything? We have a custody agreement from 3 years ago when we were divorced

Lawyer's Assistant: Family law varies by state. What state are you in?

New Mexico

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I mentioned having evidence proving her allegations false and proving that nothing was a concern until the fathers day situation when she didnt want me to have him.

Submitted: 2 months ago.Category: Family Law
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Answered in 8 minutes by:
6/22/2018
Family Lawyer: Olivia Kent, Family Law Attorney replied 2 months ago
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,700
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that.
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I'm not sure what you mean by "filed an ex parte claiming an arrest"...

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Customer reply replied 2 months ago
Well I dont need representation just advice on how to handle the case, a call would be fine
Customer reply replied 2 months ago
Not at that price can i possibly explain the situation, what exactly dont you understand. My exwife filed an ex parte temporary custody order
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 1 month ago
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 863
Experience: Attorney At Law at SELF
Verified

Hi. I will be the new expert to assist you? I am a Certified Child Welfare Law Specialist.

First of all, the best way to begin to handle the case is to RESPOND in Court to the filed Motion.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 1 month ago

One you appear in Court, like any other court matter, allegations in Court filings are just that..allegations.. until proven.

If the Court does indeed act on her Motion ex parte, without giving you an opportunity to be heard, then you need to File your own Motions, such as Motion for Reconsideration or Motion to Reopen, or prosecute and appeal.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 1 month ago

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