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Filing appeals and or a 60B, I need help

Started by mla44110, Sep 18, 2009, 09:15:30 PM

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I am the new spouse and my husband did not have an atty the first time. I am not an atty, but I can see that not having one really hurt him.  He was given the standard visitation.  Mother has parental custody in which she does not follow the order with that and keep the children from us.  She also works a third shift and is not at home with kids, but instead of leting the father watch them, she will send them to her mother or friend and pick them up at 3A in the morning or sometimes 7A, her schedule rotates. 

It has always been this way, but she lied in court and stated that she worked 1st shift.  Issues:  This is a messy one, my husband did not file an objection to the magistrate decison, so when the final degree came out 2-09, he filed an appeal, but did not get a chance to submit the brief, because her atty filed motion to deny based on him not filing an objection to the magistrate's decision.  Now it gets better.  They are still going through the division of property, because her atty did not send it 60 days as stated in the 2-09 final divorce degree order.  Her atty states that they did not send because of the appeal and that there was another final divorce degree order 4-09 which is was. 

My husband questioned it (remember he does not have an atty) and the court stated that they will combine the   two.  He just receivec 9-09 a one page final divorce degree stating that the one from 2-09 had errors and is invalid.  Know i want to know can he appeal this one 9-09 and since he did not know about the 4-09 one until the went to court on the Division of property can't something be done about that. 

Also his ex-wife is asking for atty fees, because he did not comply with the 2-09 order and sign the Division of Property and stating that he owes back child support from 2-09 (but according to what we just received the 2-09 is invalid). And what about a 60B can this be filed, if he can not do an appeal.  As I stated, it is very messy and from what I see, the courts did not follow the State Standards in awarding custody.

My husband can come off an arogant and I think that played a part as well as he wrote a compliant to the court.  I am tired of this entire process and want it to end, but I do have to say that the kids are the ones that are suffering.  They do not want to leave our house when we have then on Tues & Thurs until 8P because they know that their mother is not even home, she has someone else at her house to watch them, or she drops them off over someone elses home instead of letting them just stay  with us.  Should this be about what is in the best interest for the kids.  HOW CAN WE GET THIS BACK IN COURT AND THIS TIME HIRE A GOOD ATTY.