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default judgement child custody case

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Old 08-13-2008, 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 08-13-2008, 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 08-14-2008, 12:17 PM     #3
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Default Re: default judgement child custody case

THANKYOU. 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 08-14-2008, 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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