I filed on 9/7 an ex parte and a regular custody complaint against my ex. I filed in mecklenberg where I live, my daughter is in a son county. I have not seen my daughter in over 3 weeks with the exception of a few minutes. I filed ex parte bc of drug use in her home and multiple strangers coming and going. Up until recently she had changed her #, I couldn’t find my ex and she has been keeping my daughter from me.
I found out today she caught wind and filed the same day for custody and child support. I have been paying child support for my 8 month old and my ex’s 2 children I had been raising for the last 2 years since neither fathers are involved. I found out bc papers have been sitting at my grandmothers house where I do not live. The papers say I need to be at a mediation orientation class next month.
While at the courthouse today to check on my case I found out ex parte was denied by a county clerk and that my ex filed again on the 12th this time in mecklenberg county. I have not been served those papers yet. The clerk did tell me that since ex parte was denied papers have been sent out bc the judge ordered a hearing. They would not give me the date.
Couple things, why did she file twice?
If the first papers were not delivered to me does that even matter?
I saw her served by the sherrif myself when I filed. Are we skipping mediation since I was told a hearing was already scheduled. I just want to get custody of my daughter and know she is safe.
It would be improper for the mother to file the same action in two different counties, so I am not sure why she filed twice.
You can only be responsible for actions that have been served on you (by sheriff’s deputy or certified/registered mail). If you have not been served with a complaint for first time you believe she filed, then there is no need to worry about it at this time, and it is possible that she did not actually file anything.
You are likely still proceeding to custody mediation unless you receive an order to waive custody mediation signed by a judge. Custody mediation is required in North Carolina, even if a court date is already scheduled.