default judgement child custody case

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Old Aug 13th, 2008, 07:04 AM   #1
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Unhappy default judgement child custody case

My ex defaulted in a child custody case. She WAS served papers, but did not hire a lawyer or try to find out when court case was being heard.
She says she never received noticce of court date. I won custody(custodial) I am a male 2o years old. Now she has hired a lawyer and now we go back to court for another hearing on the 18 (aug) I have witnesses to the fact that she smoked pot in my daughters home with daughter in next room.

What are the chances of the judge overturning a default judgement?
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Old Aug 13th, 2008, 05:45 PM   #2
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Default Re: default judgement child custody case

While courts general lean towards the mothers in custody cases, this is due more to laziness than bias. They tend to stick with the status quo if there is any excuse, because then they don't need to actual think about the merits of the case.
So, every time you set foot in court it is another roll of the dice, but as long as you can show that the children have been healthy and happy with you and that they have had ample contact with their mother you should have nothing to worry about.
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Old Aug 14th, 2008, 12:17 PM   #3
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THANK YOU. I have just been following the court order on visitation and mom gets to see them 1,3,5 weekends. Will the pot smoking also affect the judges decision?
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Old Aug 14th, 2008, 10:22 PM   #4
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Default Re: default judgement child custody case

I would think that pot smoking would definitely affect the judge's decision. If you suspect the judge of smoking pot, file a grievance against him!
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Old May 5th, 2010, 11:13 AM   #5
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Default Re: default judgement child custody case

Idiot response. Mother will win custody back!!! This person is an idiot! You are ****ed!
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Old May 5th, 2010, 11:29 PM   #6
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Default Re: default judgement child custody case

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Idiot response. Mother will win custody back!!! This person is an idiot! You are ****ed!
You come off like you are another one of those "father" custody haters. There is always a chance that the other parent can win custody, but it doesn't mean that it will happen. If mother can prove that she never got the papers, judge might see more her way. But that still doesn't mean that she will get full custody back. She just might get more time with kids. Just follow your court order untill you go back to court. Keeping a note book too, of all the times a parent has called or seen the kids really helps in court. Good luck.
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Old May 6th, 2010, 08:19 AM   #7
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Idiot response. Mother will win custody back!!! This person is an idiot! You are ****ed!
It's always the idiots running around calling others the same. Project much? Look at the dates, you fool. This thread has been dormant (look it up) for nearly two years. Go find some other forum to take your hostility out on.
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Old Nov 17th, 2011, 11:55 AM   #8
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The Judge will only rule based what is best for the children's interests. My husband received full custody of his two children-from previous marriage- and his ex was found unfit. If I were you I would try to hire a CFI if the court allows and get your child into play therapy ASAP. Unless you are found unfit, I don't see the Judge reversing the order, yet I am not a lawyer.
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