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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default How to Fight a Default Custody Judgment Based on False Terms

    My question involves a child custody case from the State of: California
    My daughter was born in La Mesa, Ca. We moved to Arizona 2 days after she was born. I took my daughter and left my ex when my daughter was 2 months old and we were placed in a safe house, got an order of protection for both myself and my daughter, the state of Arizona is pursing legal charges for domestic disturbance and aggravated assault. I moved to Idaho to start a better life under the order of protection (that my ex broke several times) and have been her support for daycare/medical/housing/etc. I have claimed her on my taxes and have never went to court to get custody until 1 month ago. My ex was served with custody and child support paperwork last weekend and on Tuesday he faxed paperwork to my lawyer saying that he already had custody of the child in california, she has lived with him for over a year, and that the paperwork was no good. After seeing what he faxed my lawyer, he put an ad in the paper claiming that he didn't know where I lived or how to get in contact with me. This is a lie because he has been to my house (I've lived in 2 years now), I've held the same job for 2 years now and he has the contact information for me there, and he has had my phone number this whole time and my email address. He filed his paperwork in October 2010 and never served me. Not to mention he hasn't seen our daughter since she was 8 months old (she is now 2 1/2), nor has he made an effort to be an active part of her life or help financially. I have proof of letters he has sent me at my current address, I have daycare statements saying that she has been in daycare in Idaho since April 2010, I also have a print out of all of her doctors visits, and I have pictures, witnesses who have seen my daughter here this whole time, and when he came up for a visit. He also filed for foodstamps in Idaho when he was here in 2009, and he still has belonging at my apartment. He has lied to the courts and I don't know how to start getting this overturned since it was filed in the wrong state and its based on his lies. Also, since he left Idaho in November 2009 I let my restraining order expire since he was no longer a threat (or at least I thought he wasn't at the time). What do I do?

    *He filed his paperwork in San Bernardino, CA. My daughter has never been there in her life.
    **My current lawyer is with legal aid and can only practice law in Idaho

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: How to Fight a Default Judgement Based on False Terms

    Retain a lawyer to explore the possibility of setting aside or otherwise challenging the default judgment.

    The fact that you defaulted and the manner of your post do not suggest to me that you will be effective at advocating for your own rights without a lawyer, and you're already in a bad position due to the default.

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