Basically, I have a 2-year-old daughter with my ex. We were on semi-good terms, and I was seeing my daughter pretty regularly until mid-July when she suddenly decided I couldn’t see her without a custody agreement in place.
So, I did what I had to do. At the end of July, I filed the paperwork, including a request for temporary relief. In early August, she was served via substitute service since she wouldn’t answer the door. The papers were handed to her boyfriend, and I also mailed a second copy directly to her.
She never responded to the court, and after the 31-day period passed, I filed for default. This week, the court signed off on the judgment, and I was notified that the custody and visitation order was granted. I called the court to confirm everything.
Today was supposed to be the first day I could see my daughter under the new agreement. I texted her on Thursday to let her know the judgment had passed and that I’d be coming on Saturday. I texted her again today to confirm. Now she’s claiming she filed a motion to quash the service, saying I didn’t serve her correctly, and because of that, she doesn’t have to follow the court order. If she did file anything, it would’ve been yesterday, well past the 31-day window.
Can she even do this? From what I understand, even if she filed to appeal, the temporary order would still stand until a hearing. I’m going to the courthouse on Monday to file for enforcement and check if she’s really filed anything. I’m just looking for advice or if there’s anything else I should know in the meantime.
You should file a petition for the violation and suggest doing exchanges at a neutral location, like a police station. Do you have a lawyer?
When I texted her earlier about the exchange, I suggested meeting in a public place. I’m not represented by a lawyer right now because I can’t afford one. I’m looking into legal aid. I was hoping to avoid a hearing, but I’ve been documenting everything just in case.
After you talk to her, follow up with an email to confirm everything. Something like:
‘Ex,
Thank you for talking with me today. We confirmed the pickup time will be ___. I suggested that we meet at ____. You said ___. Let me know if I misunderstood anything.’