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Custody hearing without the Father there?

MamaFox's picture
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Got a hold of the paper work where the BM filed for sole custody of the kids. FDH was not at that court hearing, she filed this while he was out of state, in fact he wasn't gone a week and she filed all this.

How did this go through without him even being there? He went from full custody to ncp and supervised visitation only, in a week and no one, no lawyer, no judge, no state agency contacted him. How is that possible?

His phone number hasn't changed in 12 years neither has his P.O. Box?

MamaFox's picture

The only reason CPS/DHS is involved according to the paper work it says

"This court finds that the minor children are receiving health care benefits through the state, that DHS and the state is a necessary party"

cfmommyof3's picture

Its not possible. Have him call the court it went through and see if its even legit. If somehow it is Im pretty sure your DH's signature would need to be on there. I mean everytime someone files papers of ANY kind here you either get certified mail from the person filing or the court (if it comes from the court the have a return service request with it) so its proven the other party was served. Is her new order a temp one? Cuz that can be done if they have serious circumstances but even then the court would have the papers served to your DH. Did she claim neglect on his time? Did she claim abuse to herself or the kids? These are ways Ive seen others try and get full custody but even then its usually temp until it can be looked into. Im curious to see how this turns out for you.

MamaFox's picture

"Petitioner appears in person and by and through her attorney. Respondent failed to appear in person. The court finds that Petitioner is entitled to a default judgement pursuant to Rules for the District Courts of Oklahoma, rule 5 (j)(4)."

????

ETA: his signature is on nothing in this set of paper work.

Orange County Ca's picture

She may have faked the Proof of Service which would state that a person personally gave notification to him. A friend of hers might do that - it's a felony. The file on this divorce is public, anyone can look at it, go to the courthouse and look through all the papers and especially the Proof. If that happened he should take his proof to the DA.

That friend might have served the wrong person. They can be brought in to testify that they did it and should then see their mistake when faced with your husband. However most people use the county Sheriff for service of notifications.

He might be lying to you for reasons I would not know.

She might have gotten an emergency order but it would say so and a hearing would be scheduled to make it permanent and he would have to be notified - see above about Proof. The paperwork you have in hand would clearly say its an emergency.

I would want to look at the whole file. You might find that there are things you should know about in it. Look at the whole thing.

MamaFox's picture

I have the CO in hand and am reading it. I also looked it up on our court system, and there are two people who made testimonials, and FDH doesn't know who those people are, so your hunch seems pretty plausible that that is exactly what happened.

MamaFox's picture

Long story short, DH had full custody with BM getting visitation once a month, and two weeks during summer. DH' s Father called him and asked him to come help in the farm as Dad at the time was in bad health, it was just for a few months during harvest. Bm had right of refusal, so DH called her and asked her to watch the kids for that time he was out of state. She said yes and then....

It wasn't a week later she filed this nonsense.

There is nothing in any document anywhere accusing him of negligence or abuse.