good evening,
I have written previously in regards to my son diagnosed with Autism. He is currently 16 and all of a sudden my ex has filed for custody. He is currently 10 k in child support arrears and the last statement in court regarding the arrears the judge ruled willful neglect and wonton of a minor. Now all of a sudden he sent paperwork for custody. Mind you he was issued a B50 in the past which has expired. with that said he served me papers via email wothout a court date and after numerous attempts will not provide. After calling the court house numerous times they have not responded. so I rewrote my ex in regards to the calendar date and he stated that I missed the mediation dated Nov. 30th and after going back to the email I see that he forwarded that however it was whited out and changed. Please advise on what to do. I have had to provide for 4 children for the last 8 years solely and I do not want to lose my child to someone who only cares about money and not my child. I have spent all of my childrens college money on attorneys and I have no more.
Unless you were served by sheriff’s deputy or certified/registered mail (or FedEx/UPS package with signature required), then you were not properly served with the father’s custody action or motion in the cause. Email is not proper service. Therefore, the court cannot issue any orders against you because you have not been given proper notice of the lawsuit or the motion in the cause against you.
You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and could be a great resource for you to handle this custody issue without spending thousands of dollars retaining an attorney.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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