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Does a text picture of a notice to appear in court to meet with a mediator require you to show up on court?
Anonymous2 views2 answers
Married couple separated 18 months ago after husband broke wife's eye socket ( no police report filed). Wife moved to TN with 3 year old daughter for new job and new life. Husband has paid zero child support. He filed for visitation in a court in NC where he lives. Wife has not received any paper notice to appear but she did receive a text from husband containing a picture of a court notice saying she needed to appear. Is this binding?
If Husband has filed either a divorce case or a child custody case in North Carolina, Wife needs to hire an attorney to represent her in this case. The Wife's attorney may be able to challenge North Carolina's jurisdiction over the child custody and/or divorce matter pursuant to the UCCJEA, but she does not need to simply allow this case to proceed without having an attorney representing her and protecting her interests in the North Carolina Court.
With regard to your specific question, the Wife should have received a paper copy of any type of pleading that has been filed. However, mistakes can be made, parties can make misrepresentations to the Court, and mail can be lost. These mistakes could potentially result in the Husband being issued a default judgment granting him a divorce and/or custody of the child. The Wife needs to contact clerk of each of the Courts in the County or Counties in North Carolina where this case may be pending in order to find out if a Court hearing has been scheduled as the Husband claims. Better yet, she should hire an experienced local attorney to investigate what if anything is pending against her, so that she can make a knowledgeable and informed decision about what the best course of action is going forward.
Even if it is determined that there is no case pending in North Carolina, Wife still needs to pursue a divorce against the Husband in order to protect her legal rights. Given the facts you state above, it is likely that the Wife could obtain emergency injunctive relief awarding her custody of the parties' 3 year old daughter. As things currently stand, there is legally nothing to prevent the Husband from coming to Tennessee picking up this three year old girl from daycare. A temporary injunction issued pursuant to Rule 65.07 of the Tennessee Rules of Civil Procedure would prohibit the Husband from taking such an action. Additionally, the automatic injunction that goes down in any divorce case in Tennessee would prohibit the Husband from relocating the child to North Carolina.
I completely agree with the answer above. You should hire an attorney as soon as possible and protect you and your child. An attorney in Tennessee should be able to find out whether or not there is a case pending in another state. You should contact an attorney as soon as possible so that you may get answers to your questions and get help achieving the best possible outcome for you and your child.