EX PARTE ORDER

[Birdie]

My custody case was decided in GA about 3 years ago.  DFACS was involved in the case and removed the children from my home on the word of my bio father.  (he has ties to DFACS, so it was very easily accomplished).  Aftter about a month DFACS calls me in and tells me that there is no reason to keep the children away and I am to pick them up from the regularly scheduled visitation at 5:30 p.m. that day.

About 4:30 p.m. DFACS calls and says that my ex husband along with his attorney had gone to the next county to get the judge to sign and exparte order allowing my bio father to keep the children until we could have a custody trial.  I immediately called my attorney.  She verbally assualts me for them tracking her down.  Which logically of course I had nothing to do with.

We had a trial and my ex was awarded custody.  I found out a few days ago that there was NEVER an ex parte order filed.  There is no record on file at the county courthouse, on the computer system nor in my file.  I had them to check the Sheriff's records to see if it had ever been served or attempted to be served to me.  There is no record.

I spoke with my attorney and she said since there has been an order changing custody since then, that the new order would supersceed the exparte order.  Therefore, I have no course of action.  But it can however be brought up in the new custody trial.  Do you have any furhter advice.  During this time, my children were kept from me, alienated against me, and weren't even allowed to speak to me during the course of the trial.

BTW just an example of the court system in this county.  My trial took place in the County Courthouse from 6 p.m. until midnight.  None of my witnesses were present because the Courthouse closes at 5 p.m. and everyone thought court was over by this time.

I have had my decree entered into TN.  Where after keeping me from my children, and denying my visitation for two consecutive years, I now have it reinstated, plus get my daughter every other Sat. as well.

One more question.  In TN the age the children are allowed to choose is 12.  However, my attorney says 8 or 9 depending on ther maturity of the child.  My son is twelve so i didn't ask for custody of him, unless he so chooses, he has advised me he wants to stay with his father.  My daughter   on the other hand will be 8 the end of August.  She wants to live with me, so I have sued for custody of her.  Do you know how much weight is given to a child that age that IS extremely mature?

Someone on one of the NCM boards I have visited say that the Child support order can remain based on the State of the original order.  Which is GA and is 25% for two children.  In TN  for two children it's 32%.  Do you know if  it is possible for them to go with the GA order on Child Support.  Or does it automatically change to the TN % when I had the case transferred.

Thank you so much in advance for your help.  Thanks for being hear when we all need you and have no where else to turn.  I would just like a second opinion since I had a bad experience with my previous GA Attorney.  I feel my new firm is very competent and is fighting hard for me.  But I'd rather be safe than sorry.  

Thanks
Birdie

[socrateaser]

.