legal help

[PITBULL62]

Guys my "wifey" has a lil problem. Her ex husband is a lying, sneaky, underhanded, dead beat, drunk driving(with kids in car), just corrupt as they come, cant man up to life. I, well the wifey, needs to ask a legal family question If any of you know someone that can help her out it would be a blessing.

Some quick details:

She just recieved, today(5-6-2010) via standard mail(regular mail, nothing certified or anything), court papers to appear in a superior court june 3, which is fine. The bad part is he got a judge to sign a paper for her and him to take a parent orientation program with a date of 5-13-2010 which is 7 days from now exactly.

My wifey is attending RN school and is going to have to miss a day in which they are supposed to cover crucial information, which is a bad thing as the program is pretty hard. We called the parent orientatin program and they said there is nothing they can do, in other words they cannot change the date. Not to mention she had attended one of those orientation programs a few years back when she first got divorced.

I guess the question would be:
Was she served correctly and in a timely manner considering the orientation date is 7 days away. Doesnt seem fair in that aspect seeing as how most folks have a life and would need to plan to take this program.

dont mean to put my business out there.

[POWERSTROKEMIKE]

you should def talk with someone in the legal field...

or i might do.. what letter ?? (never received it)

[optx002]

im not a lawyer, so i dont know exactly what you can do, but check out this site.

http://codes.lp.findlaw.com/cacode/FAM/1

also, if this is in san bernardino county, check out the superior courthouse and look for the judge's clerk, and call him/her. ask them what your options are. they wont give you a suggestion, but just list out what your options are.

Hope this helps.

[STROKIN '01]

It has to be an adult (over 18) that sent it to her (not related) you would know who sent it because they HAVE TO include a "proof of service" paper. I believe the paperwork has to be received 10 days before the date (at least in riverside county) If the proof of service is not included the paperwork is not valid. The problem is : she called the court to inquire about the class which means she is aware of it. Is it mediation ? if it is and she doesn't show that is very bad.

[PITBULL62]

you should def talk with someone in the legal field...

or i might do.. what letter ?? (never received it)

thats what i dont understand. how is it when a person does the service he/she has to fill out a proof of service. but when its mailed as in her case, nothing is needed to prove that it made it to my mailbox? it could have ended up in a neigbors box which may have then made its way to the trash can.

[PITBULL62]

It has to be an adult (over 18) that sent it to her (not related) you would know who sent it because they HAVE TO include a "proof of service" paper. I believe the paperwork has to be received 10 days before the date (at least in riverside county) If the proof of service is not included the paperwork is not valid. The problem is : she called the court to inquire about the class which means she is aware of it. Is it mediation ? if it is and she doesn't show that is very bad.

does that paperwork need to be included when delivered by mail as is the case here?

[watersurgeon]

It has to be an adult (over 18) that sent it to her (not related) you would know who sent it because they HAVE TO include a "proof of service" paper. I believe the paperwork has to be received 10 days before the date (at least in riverside county) If the proof of service is not included the paperwork is not valid. The problem is : she called the court to inquire about the class which means she is aware of it. Is it mediation ? if it is and she doesn't show that is very bad.

Check with legal council before acting on my info but hopefully it helps you out.

1. Small claims action is generally 10 days proof of service before a court date.

2. Civil and family court I believe are 3 days before an court action.

3. Court, (ie judges order) facilitated action does not require proof of service or mailing. Its only when two parties are suing each other that proof of service is required. For example your starting legal action. Or your requiring a witness to testify in legal action.

A Court that issue orders have the law on there hand so proof of service, or Certified Return Reciept Mail are rarely if ever used. Courts just see it as, "If you don't do what we want, we just have you arrested! We don't care if you have a problem with your mail. That's between you and the post office."

Your going to need a lawyer if she does not want to attend this class.

I or anyone else on this blog do not need to know the Juicy Details of her current situatiuon, but just based on your short comment about him, this falls into the 'SHE SAID, HE SAID, SHE DID, HE DID." domestic family fewd custody cases.

There is obvious issues on both sides, (as the judge sees it) to order parenting classes for both parties. Your wife needs to be at every court hearing whether its specific to the ex or both parties. She obviously was not at the last hearing so the Judge just assumes she is as crappy a parent as he is. For a judge to issue this order would mean that he heard a one sided presentation from the ex.

Your wife needs to have an extension on the order or have it vacated. Although one can do this on there own, (if they know how to do it), your better off having a lawyer do it.

Here are some legal aid web sights in your county that might be able to help you move forward if you can't afford an attorney.

http://hss.co.san-bernardino.ca.us/D...gal_issues.htm

http://www.courtinfo.ca.gov/selfhelp/lowcost/flf.htm

Use Google, its your friend.

Regarding the drinking and driving with the kids in the car.

If this is true and on a regular basis. For example on Sunday after having the kids all weekend he drops them off intoxicated.....

Your best bet, and I have know others that have done this, is to buddy up with your local LEO office. Go in there, professionally dressed, atriculate, and explain what is going on. .....

My wifes ex looks, smells and acts like he is intoxicated when he drops the kids off....... I am concernced for the kids well being................

Don't go in there saying things like, My wife's ex is a piece of $hit, a complete drunk alchoholic A-hole. etc.....

Let the LEO's know approximately when he is going to drop the kids off at the house. Get a cell phone number for the local LEO on patrol. Call them just before a drop off. This way the officer can be in the neighborhood and pull the Ex over while the kids are in the car. If he is arrested for DUI with the kids in the car that becomes a Felony in California as Child Endangerment. He will automatically loose all child custody agreements and visitation if your wife shows up to court with a lawyer.... and it will a long time before he can gain that type of visitation from the court in the future...... All his visitation if he is even granted one will be court supervised, of which he will have to pay for.....

Good luck...........................