dIVORCE, CUSTODY, CHILD SUPPORT

[father]

I need meaningful response only to this question. Daughter served with divorce papers and did not respond. Has sought legal assistance and found none she could afford. Legal aid will not assist. Motion hearing on March 31, 2011 for default on divorce complaint filed by husband. Physical appearance not required. She needs an adjournment of motion hearing on March 31, 2011 to allow her time to seek and obtain counsel and file a proper response to original papers and counter for adultery charges and full custody of children who are being kept from her by husband in an undisclosed location and husband refuses to divulge his location for service and the papers he originally filed were through a legal paper preparation service. Does that make the attorney whose name appears on the original summons the Attorney of record for service on the plaintiff? What does she need to do immediately without counsel to postpone the final hearing and gain time to obtain counsel and do this correctly.

Need meaningful responses, not judgemental comments. This poor girl is almost at her breaking point mentally because of abuse from husband and his girlfriend. I know I can't speak for her, but a little meaningful assistance would be greatly appreciated. Thank you.

 

[army judge]

She should attend the proceeding and beg the court's indulgence and patience and ask the court to continue the matter for 30 days so she can obtain counsel to represent her. She should be calm and polite. The judge will lecture her. Her husband's attorney will howl, if he has one.

This is a last gasp chance. The judge might agree. Don't be surprised if he doesn't permit it, especially if her husband objects.

 

[father]

She is frightened to death of being in his presence or his girlfriend and has advised me she cannot attend. Can I appear on her behalf or has the husband caused the damage he sought? Plus legal notices etc have not been provide to her and she has not changed her address and has only one key to her mail box, no one else has a key. Can I ask the federal postal authorities to investigate this? I am certain that if he or his girlfriend did an address change on line to deliberately divert her mail to deny her due process so they could obtain support money I would believe that falls into the area of extortion and embezzlement more than divorce shenanigans.

She told me they are taking support money from her check but she never received notice from the courts, probation or even her employer. Something isn't right and i need to know what i can do to help her, she is in no condition to help herself at this point in time.

 

[army judge]

Several of us told you how she should proceed under your other pseudonym. That advice hasn't changed.

If you were an attorney, you could appear on her behalf. But, if you were an attorney, you wouldn't be here.




You have no standing in this matter. She is an adult. She must handle her business. If she doesn't hire an attorney, she will get her clock cleaned.



The place to address her issues is in that court room before that judge. I wish you all good fortune.

 

[Proserpina]

She is frightened to death of being in his presence or his girlfriend and has advised me she cannot attend. Can I appear on her behalf or has the husband caused the damage he sought?

Unless you are an attorney licensed to practice in your state, you cannot appear on your daughter's behalf.

If she doesn't turn up, Dad will get everything he's asking for.

Plus legal notices etc have not been provide to her and she has not changed her address and has only one key to her mail box, no one else has a key.

She was apparently served somehow.

Can I ask the federal postal authorities to investigate this?

You cannot, no. Your daughter may however.

I am certain that if he or his girlfriend did an address change on line to deliberately divert her mail to deny her due process so they could obtain support money I would believe that falls into the area of extortion and embezzlement more than divorce shenanigans.

No, that is an incorrect understanding of how extortion and embezzlement work. Plus, your daughter would be obliged to support her children anyway - arguing improper service is really only postponing the inevitable.

She told me they are taking support money from her check but she never received notice from the courts, probation or even her employer. Something isn't right and i need to know what i can do to help her, she is in no condition to help herself at this point in time.

ALL you can do is pay for the biggest, baddest attorney you can afford. I'm sorry - I really do understand that you're extremely worried for your daughter, but you've got to let her handle this at least to some degree.

Because in all honesty, you're almost sending a message to the court that she's not capable of handling her own matters and is thus not fit to be the full time parent and that's playing right into Dad's hands.

We know family court. We do know how it works. Your daughter is in a huge mess, and the only way she's going to stand even a small chance of fixing anything is with an attorney.

I'm sorry. I know that's not what you want to hear.