Legal Question in Family Law in California
Here's the situation. I got pregnant and shortly after that, got married to a man I hardly knew.(yes I know, what was i thinking right?) Anyway, turned out he was previously married(i didn't know till after we were wed) and his divorce from his previous wife still hadn't gone through completely.(he signed the last of the paperwork a few days after the day him and I got married) A few months after I had the baby he became abusive causing me to be in fear of him so I filed for a restraining order, and the judge granted it protecting me, my daughter, as well as my parents who i live with. Divorce paperwork was filed shortly after the restraining order was issued and we have a pending court date coming up next week. He is now in jail, he's a parole with a history of going in and out of jail. Today, i received a letter in the mail from my soon to be ex's new girlfriend(who by the way is 6 mos pregnant with his child). It is a legal solutions plus form saying its a proof of service and it is signed by her. No other papers or forms were included with this paper. I have no idea what it could be. I do know that on the divorce paper work he was requesting joint custody of our child, but I am requesting full custody. I am very fearfull that he will take her and I will never see her again. He has threatened this many times to me. The paper that I received today says it is a proof of service for a document described as affidavit of prejudice, but there is no other paper with it. What could this be for? Is it anything I should worry about?Any help would be greatly appreciated. Thanks
1 Answer from Attorneys
You can check the court file to confirm what is involves. You can file an objection seeking to quash service because you were not properly served with the document. In probability it is a motion to disqualify the calendared hearing judge, which you may or may not agree with.