Socrates ...

[mtbitara]

Fact:

Temporary custody was converted to full custody after 6 months in a final hearing. Notice of the final hearing was sent to me and my lawyer, as claimed by the other party, but we have not received it. As a result, I was declared a default.

Questions:

My lawyer said that we cannot file motion to modify custody on the ground that we did not get notified about the final hearing.

1. Is my lawyer correct?
2. How do I obtain from the ex or her attorney the proof of mailing?
3. What can I do to address this "fraud"?
4. You may recall I was the father from NJ who had joint legal/joint physical from a NJ court. This was thrown out by a TX judge. How does the "Full Faith and Credit" clause apply to my case? Can that still be used?

[socrateaser]

>Fact:
>
>Temporary custody was converted to full custody after 6 months
>in a final hearing. Notice of the final hearing was sent to me
>and my lawyer, as claimed by the other party, but we have not
>received it. As a result, I was declared a default.
>
>Questions:
>
>My lawyer said that we cannot file motion to modify custody on
>the ground that we did not get notified about the final
>hearing.
>
>1. Is my lawyer correct?

You're not filing to modify, you're filing to set aside based on no notice. Trouble is if the other attorney claims he mailed, then it is presumed that it was mailed. You could have looked in the court file and found the notice.

>2. How do I obtain from the ex or her attorney the proof of
>mailing?

The notice will be in the court file.

>3. What can I do to address this "fraud"?

You don't actually know it's a fraud. It could have been lost in the mail. The question is whether or not there is evidence that the court did not hear that would cause it to rule differently. You could move to reconsider/set aside or file an appeal, but your time for both may have already passed.

>4. You may recall I was the father from NJ who had joint
>legal/joint physical from a NJ court. This was thrown out by a
>TX judge. How does the "Full Faith and Credit" clause apply to
>my case? Can that still be used?

It doesn't apply. The TX court obtained the right to redetermine custody when all parties and the child resided within the state. You were run over, but it was legal. Your ex obviously planned it all in advance.

You got beat by a superior strategist. Live and learn.

>
>