I have recently been served child support papers via mail, yet my ex and I have never been to court for child custody, and not had anything officially set up. I have our daughter 6 days of the week, yet the papers say I never have her and I am the non-custodial parent. How does this happen,, what do I do?
You need to get a lawyer fast. You ex is playing a dirty game. Your ex has filed a motion lying in order to get money.
Any parent who has charge of a child can get child support before custody has been adjudicated. This ensures that the child’s well being is maintained while the parties go through the legal process which is usually lengthy.
If you have custody of the child, you need to file a motion with the court asking for a declaratory interim judgment officially granting you custody for 6 of the 7 days and you need to bring proof showing the precedence, like school report cards, bills for clothing and for material for your child, etc. Anything that proves that your child is in fact with you for 6 days, including witnesses, partial and impartial.
A family lawyer will prepare all of this for you. But you need to intervene fast before your ex gets the motion heard. A lawyer can usually intervene and be ready to rebut any claims you ex will make in court.
If you have time, I would get your lawyer to have your motion for declaratory judgment heard before your ex’s motion. This would essentially nullify her motion and would protect you for good.
Since your ex served you, it means that you are now in defense, and as such it allows you to rebut the allegations and provide your own via an affidavit in which you explain the truth and present evidence. Since you were served, you need only provide the material in court at which time your ex’s lawyer will normally ask for a continuance in order to study the papers until they can respond to them, and which means the status quo (your current custody arrangement) is maintained. Then your lawyer should delay the proceedings for several months using well known tricks or tactics if you prefer, and during this time, you prepare all the evidence properly showing that you are an excellent parent and that you have had custody for 6 days.
Do not delay on seeing a lawyer as it can end up causing you more headaches and more money.
All the best