Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?
Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer & counterclaim as well as motion requesting relief in June. Mortgage needed to be paid, bills, set up custody, etc. Court never acknowledged receiving but tracking number proves they did. Nothing from the court until Sep. Wife was withholding children periodically even on their birthdays. Threw bday parties at her parents never inviting my son & myself. One week we would spend together, go to lunch during work hours, spend time together with & without the children. Then she would ignore me for a week. Never in trouble with law, no record, no history of drug use, nothing. I file for custody, she fileds TRO, requests hair follicle, risk assessments. No hearing, Judge grants all. No hair, urine passed. denied.
A: Not sure what the outcome of your wife's domestic violence complaint was - but the outcome of that proceeding is critically important to the current status of your divorce matter and the status of your custody proceeding. If nothing else, you need to sit down with a family law specialist to get a better handle on the status of the various issues outstanding and how to move forward constructively. As to the tracking of the papers you sent to the court house, if they were sent to the wrong office inside the courthouse or you failed to specify in your envelope and cover letter ( including the docket number on the cover letter, etc), it sounds like it went to the wrong office or went into the general mail and took months to get to the correct office / person.
A: Thank you for your question. The courts have been extremely slow in everything especially in the larger counties. From what I can tell you did not file in JEDS. That’s the way all family papers must be filed. The mail goes to the opposition. A TRO is typically granted but you need to defend at the FRO hearing because that will have a negative impact upon your life. You really need a lawyer to be an effective advocate for your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
