QUESTION
What can I do if my ex lied about serving me custody papers?
Asked on Oct 19th, 2011 on Child Custody - California
More details to this question:
My ex claimed to have served me with custody papers, but I have proof that it was impossible to have served me at that time and place. He lied and filed a proof of service having his current girlfriend sign saying I was served. Later he showed up at my job and demanded to take my son. I did not hand him over, because I had no knowledge of any court date. He has now filed a contempt of court, and claims to have thrown the papers on my porch. I have not found them, what do I do? Can I get in trouble? Can it be thrown out since he lied and I have proof? How can I have him charged with perjury since he knowingly filed false documents?
3 ANSWERS
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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You can file a motion to set the old order aside.
Answered on Oct 20th, 2011 at 1:36 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You need to take action. Who cares about perjury charges when you are about to lose your child. Call the court and ask them about any court dates and/or actions. Once you know what's happening, GET AN ATTORNEY. It may not be right, but that doesn't mean it isn't happening.
Answered on Oct 19th, 2011 at 5:33 PM
All of these things will need to be done by filing the appropriate requests with the court. Your question is not a simple one and I highly suggest you contact an attorney to get some assistance.
Answered on Oct 19th, 2011 at 4:14 PM