Legal Question in Family Law in Indiana

This was my earlier question:I live in Indiana. My fianc� is going to court tomorrow for a custody hearing. His ex wife has filed for a modification of custody. She never sent us copies of the papers she filed with the court. On the last page of the packet , is a Certificate of Service paragraph to sign indicating that copies of were sent to the other party. She was allowed to file AND have her hearing date set without signing under that paragraph or sending us copies. My fianc�' picked up copies of the packet she filed from the courthouse yesterday. Why is there going to be a hearing if she didn't sign that paragraph or send us copies? How and why was she even allowed to file without having fully filled out the paperwork? Is she not REQUIRED to serve us with papers?

As part of the respnse, I was asked how my fiance' knew to go pick up the papers. We thought his ex wife would wait until the last minute to send him the paperwork so he'd have less time to prepare and know what he was walking into. She just decided not to send them at all. He called the courthouse here in Knox county and asked what to do about it, if he needed to tell the judge prior to the hearing or during that she didn't bother to serve him, etc. The lady that answered the phone made a million excuses and was EXTREMELY rude, but told him that if he INSISTED on having copies to know ahead of time why he was coming to court he needed to come and get them himself and that the hearing would go on whether or not he had been served. We were unaware that you can file papers against someone and leave them completely in the dark. His ex has been in front of this judge MANY times for MANY offenses as well as Child suport, divorces, etc. She has MANY papers with the court and it isn't like she didn't know or forgot. This is by no means her first rodeo. She intended for him to have no idea what he was walking into. In her paperwork, she said nothing about what she was asking the court for, only that she has suitable living arrangements now and the she deserves more time with her daughter. She is likely asking to have her supervision lifted as well. Also, will him having picked up his copies two days ago nullify the matter of her not bothering to serve him with copies herself?


Asked on 6/08/11, 6:36 pm

1 Answer from Attorneys

The lady at the courthouse is limited in what she can provide over the telephone. If I was your fiance, I would play it safe and go to court-put form before substance. You do not know what his ex will do or say and it is better to be there. If your fiance needs time to hire counsel or to do discovery, he may want to ask the court to continue the hearing.

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Answered on 6/09/11, 4:54 am


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