I am an unmarried father, my son has lived with me since birth, my name is on his Birth certificate. His mother angry and for no apparent reason took him and wont allow me any contact. I hired an attorney, filed a paternity suit, along with an emergency child pick up. I can document I have been his sole care taker and provider and the instability of his mother. Judge denied the ex parte motion, stating I signed it on a certain date, it is unclear the motion was even filed, (it does not appear on the courts docket either, other docs, petition summons etc. appeared as filed 9 days after I signed) Emergency motion was presented to him 3 weeks after I signed it. He ordered a hearing with notice to Mom &Dad. Attorney says he now has to call the Judge's secretary to set a date for hearing. It has been 6 days since the Order still no hearing is set. Attorney was upset when I questioned this and asked for proof that the motion was filed on date of signing. Still no proof.
Usually when the Judge denies an ex-parte Emergency Pick Up order, his/her judicial assistant calls the attorneys and lets them know when the Judge wants to hear the Motion. Thereafter, the attorney who filed the Motion notices it for a hearing. However, each county is different. Each county has an online docket, where you can see all the items filed in your case, if the notice of hearing has been filed it should show up on the docket with 2-3 days.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
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