emergency custody hearing

[StepmomInSC]

Ive not posted to this site in a very long time.

I just has a quick question that hopefully someone might know the answer to who has been through this.

This past wednesday Jan 19th we were able to get the family court judge to approve an emergency custody hearing for thursday jan 27th.  The judge agreed to waive the notification period to my husbands ex due to the basis for the hearing.

Our lawyer informed us yesterday when i asked about ex being served with the court date that they would only be serving her lawyer.  There was not enough time to serve her since she lives in Maine.  We are in SC.   South carolina does have jurisdiction.  This case has been going on for almost 2 yrs now.  
My question is....

Legally can they only serve her lawyer? and
Her lawyer has not done anything in over a year for husbands ex cause she owes him money.  Legally does he have to inform her of the court date and himself have to show for court or what?  Is there a possibility that she will never even know about the court date?

thank you anyone who might have some answers.  

[cathy]

But I know all of our court dates and stuff have been communicated to the lawyers only.  

So far as her lawyer not doing anything. . . I think the lawyer in the matter continues to be the lawyer unless they petition the court to be removed.

I would think your lawyer would probably know though! :-)

[StepmomInSC]

ty.....im assuming our lawyer knows.....he is one of the best in the state.....and  her lawyer has not done anything to have himself withdrawn from the case.  

our main concern is not whether he informs hubby's ex but whether he legally has to show for court whether he informs her or not.

and if he shows and petitions to be withdrawn from the case what would that mean.  would they postpone it or proceed with the hearing .

should we call and inform ex of the hearing or just leave that to her lawyer?

[Forthelittleones]

Her attorney can petition on that day and it is up to the Judge.

In our case, we had an emergency hearing due to the child living with a just released felony child abuser of boys  AND the Judge reset the hearing for a month out to allow her to get new council.

Isn't the Judge just nice to be more concerned with her having a lawyer than with the child being removed from living with a child molestor?

[MixedBag]

I think yes, they only legally have to serve her attorney.

And Yes, the attorney should tell her.

And Yes, ....

But what I don't get is where is the child?  Emergency Custody hearing when this has been going on for 2 years????

What happened?

[StepmomInSC]

august 13 2003 we went to court on an emergency hearing to obtain custody of both my stepson and stepdaughter.  The stepson was currently with us on summer visitation.  The stepdaughter was still in Maine with the mother because mother refused to let us have her.  She has epilepsy and supposedly couldnt travel.  Mother was able to get her drs to say she couldnt travel.

at the time of the hearing.....which mother did come from maine for.......unfortunately.....we did not have enough paperwork to prove that my stepdaughter was medically in danger.....her mother did not have enough to prove that she wasnt in danger....therefore....we were awarded custody of the stepson but a GAL was appointed to investigate the situation with the stepdaughter.  It has taken since that time to have everything investigated and to get a court date.  We were granted the emergency hearing because we have not had visitation with the stepdaughter since the time of the hearing and because we have had no contact whatsoever with the mother since before christmas.


our lawyers are motioning for immediate sole custody of the daughter on the grounds that the  mother has done nothing since the aug 2003 court date to keep a relationship with her son or to keep a relationship going between us and daughter and has denied us all visitation with the daughter since that time.

hope that helps all to understand...there is more to it than that but was trying not to write a book .

we are not even sure her attorney will even tell her.....he has done nothing since the court date aug 13 2003....he has responded to nothing our lawyers have sent him or the GAL has sent him eventhough ex says that he is still her attorney.

so dont really know what to expect next week.  

should we tell ex about the hearing or leave that up to her attorney?
she has no way to get here anyway....we are in sc and she is in maine....the judge waived giving her any notice...im assuming thats a good sign for us.

thank you all for your help

[ksmomof2girls]

Call her. Record the call if you can. If she doesn't answer, record the message you left her.

Send a cert letter overnight with return recepit, to prove that she did recieve it. I know it will cost money, but it may look good on your part, that you tried to inform her of the hearing.