Anything4Love
journeyman
Reged: 10/09/11
Posts: 60
Loc: Virginia
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Served court papers riddled with mistakes &hearsay
10/15/11 11:55 AM
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My stbx husband and I, who are at the moment still under the same roof and planning to sign a separation agreement but haven't yet, were both served separately with court papers for "pendente lite emergency custody" by his father.
He is filing for custody of all 4 of my children, 2 he is related to by blood and 2 he is not (who are also 13 years old and want to stay with me. My husband raised them for many years but never adopted them).
The document is riddled with spelling and grammar errors. Would I be mistaken to think this means his lawyer is incompetent? I hope so because we are very frightened. He didn't even spell the names right of 2 of the children (and yet he's so "close" to them he deserves custody?!) In places the document will refer to a boy as "her" or a non-blood relation as a blood relation, as examples of the mistakes, in addition to the name misspellings. He also refers to my 2 older children as previously adopted by someone not a party to this and that is not the case.
The other issue is that he is making accusations about me, who I am or was going to live with (although, right now, I am still with my stbx husband), lies about that person, and lies about how I supposedly will conduct myself in the future - and they are things I would NEVER DO.
My own dad thinks we have a legitimate countersuit for harassment although he only has limited legal training. This man has put us under severe emotional distress.
Is his speculation, and possible witness to the character of the person he SAYS I was going to move in with (who she is lying about) going to get him anywhere? And is anyone going to listen to his slandering me when I say it is not true? And are all the errors a sign of the incompetence of his lawyer? Can 2 of the childrens' names being spelled wrong go against him?
We are in an absolute panic. We can't afford an attorney and are awaiting determination whether legal aid will help us or not. We are in Virginia. Thanks to anyone who can give advice.
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