I was served an order instead of a petition by my daughter's father. He filed a motion to modify child visitation and name change. His petition is written as an order. What can I do about this or better yet what will the judge do about it? The movant specifically said in their petition that a default has been entered against me. The movant also stated that a custody order was entered on October 22, 2010 and that I was not following that order. The two things that I just mentioned have never happened. He wrote an order instead of a petition. What can be done about this in court?
Answer
You need to hire a lawyer. Have your lawyer check at the courthouse (some of this type of checking can be done online) to see what, if anything, happened back in 2010.
If your ex filed a frivolous pleading, you can ask a Judge to sanction him under Rule 13.
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