She found paperwork today that gives custody of her son to the loser boyfriends mother. Apparently, without my daughters knowledge, grandma filed for custody in November and it was granted February 1st. My daughter says that she was never served with anything (I have a feeling that he was and just didn't say anything). On the custody papers it says that neither biological parent was present for the proceeding. That the grandmother had witnesses (I suspect those "witnesses" are her daughters/loser fiance's sisters) and presented documentation therefore without my daughter there, by default, grandma was given custody.

I made copies of the custody papers and told her to put them back where she found them. (torn on that one because they were the originals) However, until Monday morning, when we can go to the courthouse and get our own copy of the case file, and even have opportunity to speak to an attorney, we don't want to tip anyone off that we know.

This all occurred when gma/gma's boyfriend/her daughters moved out of the trailer they were all living in and my daughter and the loser were still there rehabbing the trailer so they could live there with my grandson. It was infested with fleas and cockroaches and was in horrible overall condition when his mother, her boyfriend and his sisters moved out. No working toilet, mold, feces impacted in the carpet and dog and cat urine saturation to the point they tried replacing it but the insects kept coming back. They let the baby stay with the gma at the new place until they gave up trying to fumigate because the infestation was so bad. This was about a 6-8 week time frame. During that time, my daughter was in daily contact with her son and the only reason he did not sleep at the trailer was because they were using some pretty heavy chemicals there and they didn't want him exposed to them, or the insects. After that time, my daughter and loser moved to the new place with his mother.

Soon after, the grandmother broke up with that boyfriend and moved out of the home with one of her daughters to live with her new married boyfriend, leaving my grandson there with my daughter and his father (at the old boyfriend's house).

I think I may be at my stress limit just about now.

well you definitely have the right idea- see what the court has about this, and talk to a lawyer....look up the requirements of service in your state and county, and usually when some one is served- the person "serving' then files an affidavit with the court, saying "I, so and so, did serve, "her" at such and such time and place. (or by cert mail, or however they did it) I have heard- but never verified- that some jurisdictions are so loose about it that you can serve someone "through " any other adult that resides in the home, for example, your daughter live with freakmil, freakmil files a motion in court, while your daughter is over trying to fix up the bug hive the process server stops by freakmil house, gives the papers, intended for the daughter to the freakmil......sooooo you see how your daughter might have been served but not?

I would definitely be taking a very close look at the affidavit of service- also IMMEDIATELY look for your states guidelines for filing motion for reconsideration and if you are within the time frame to do so

good luck

I think we're past the date for appeal. The final order was Feb.1 and appeal time frame ended 14 days later. Freakmil is a convicted felon for identity theft. Service is certified mail and anyone at the residence can sign for legal documents served that way. All I can tell from the final order she found was that it WAS served certified mail. Can't wait to see who signed for the letter. My guess is loser, but then again, there were three other females there besides my daughter. I hope they were super sloppy about forging her signature.

See, all this was done when loser dad was going through a custody issue with the mother of his twins. Yes. My daughter picked a real winner. The twins mother wasn't allowing visitation and had him in court for CS every couple of weeks. I figure this was a preemptive strike should my daughter and loser break up. BTW, she's 14 weeks pregnant with baby #2. Great. I am sorely less than thrilled.

I hope we can get the case file Monday. Going to try to speak to an attorney tomorrow but there are very few that have weekend hours.

My prayers are with you!:( I am extremely sorry you are going through this, I guess I would want to know, how is your daughter doing now? Is she ready for baby number 2 and who is the father? Hopefully not the bum of the first one!!

Same bum.:mad:

She's in my basement staring at her son. Crying all day.

I guess all we can really do is hope they don't figure out we're on to them, wait until Monday morning and try to get a copy of the case file, and try to see an attorney.

She is lucky to have a mom like you, I will pray for both of you! I hope a lawyer can be obtained, and something can be done! I would look into the charges of forgery, and the federal crime of opening someone elses mail also! This is a main reason why it is a federal offense, because crap like this can happen, when someone does not recieve thier summons to court! The only bummer is, I have recieved certified mail, and no one even asks for identification, so they could put abe lincoln on the signature line. I hope they were to stupid to sign a different name, since they were doing something wrong! I guess I should ask, was the summons opened?

yes kudos to you mom!!!!!!

get her out of this and you win Granny-of-the-year!!!!:p

Thanks guys. Turbo, we have no idea where the summons is or who signed for it. The only paperwork my daughter found was the final disposition paper.

A couple of suggestions I had from my coworkers tonight was once we talk to an attorney and have a copy of the case file, then, go to the post office and ask to see any certified mail that should have been delivered to my daughter. That way, the post office will know that she did not recieve it and they can start the ball rolling on the federal/postal mail violations.

We're also going to make the rounds of the local police departments to get every-single-person-that lived there's police files and arrest records. I'm going to bury that *****. Hurt my daughter. Take custody of my grandchild like this. I don't think so! You're going to have to bury me before I stop. I don't care what it takes this B is going to jail for this.

Thanks guys. Turbo, we have no idea where the summons is or who signed for it. The only paperwork my daughter found was the final disposition paper.

A couple of suggestions I had from my coworkers tonight was once we talk to an attorney and have a copy of the case file, then, go to the post office and ask to see any certified mail that should have been delivered to my daughter. That way, the post office will know that she did not recieve it and they can start the ball rolling on the federal/postal mail violations.

We're also going to make the rounds of the local police departments to get every-single-person-that lived there's police files and arrest records. I'm going to bury that *****. Hurt my daughter. Take custody of my grandchild like this. I don't think so! You're going to have to bury me before I stop. I don't care what it takes this B is going to jail for this.


you go girl!!!!


what did you find out this morning????

I just found out some more information;

Called the Juvenile court this morning and the court clerk told me that in the case file, under the section for process service, it says FAILURE OF SERVICE.

That's right folks, in my Ohio county, apparently if you give a false address for someone so they can't be served the paperwork, YOU CAN THEN TAKE CUSTODY OF A CHILD WITHOUT THE PARENT BEING AWARE. NICE!!!!!!!!!!!!!!!!

Right now, I'm on hold with legal aid trying to get her pro bono representation and she is on her way to the Juvenile court to pick up a hard copy of the case file.

My grandson is here trying to feed me scrambled eggs.

Funny isn't it, that I've been trying to do the legally correct way with Little Bit all this time and all I really had to do was do it with deception in my heart. Great.

I wonder if the failure of service os enough to get it reopened- especially since the person who filed did indeed know right where the other party was the whole time

As I look at the papers, there is a blatant mistake of fact. The papers list that the parents failed to appear after receiving notice by certified mail but in the case file it is listed that there was a failure of service in December. (sent to the address my daughter moved from in September in order to move in with freakmil)

I just spoke with my attorney. He wants me to fax him the copy of the case file and he can file Civil rule 60B which is a motion to vacate. Then, if freakmil attempts to come and get my grandson, he can file an emergency restraining order for custody (or something to that effect) to stop her. He said that if she makes any attempt to come and get him and we deny her, on the basis of the mistake of fact about the service, we wouldn't be in trouble. What a relief. OMG daylight at the end of the tunnel (at least this tunnel). He also said that since this is such a clear case of fraud he would half his fee. (he never goes beyond his retainer no matter how long a case takes, kind of old school)

One of the claims she made was that my grandson has lived with her since birth. My daughter has already picked up his medical records that show that my daughter has been the only one to take him to the doctor. BAM If he was only living with freakmil, why is it that my daughter is the only one who has signed for his medical care?!

As I look at the papers, there is a blatant mistake of fact. The papers list that the parents failed to appear after receiving notice by certified mail but in the case file it is listed that there was a failure of service in December. (sent to the address my daughter moved from in September in order to move in with freakmil)

and if freakmil was the one who filled otu the paperwork- and I am assuming she was- and the kids- were living with her, or in her old trailer, I am wondering if her purposefully putting the old address on the court documents will get her into some hot water legally because of her attempt to defraud the court.....something else to ask your attorney

another question- kiddos aren't married- before freakmil pulled this crap what was the status of custody? had they been to court before at all? had formal paternity been established? were there any prior court orders?

I really appreciate you guys. Your support means more than you can possibly know.

I think once the little ones are in "all day school" I might just go back to school for law just because of all the hassle and hoops these experiences have taken me through. How many other people has this been done to? Laws need to be changed. When someone is trying to take custody of someone else's child, the court shouldn't be relying on the mailman to serve the papers. At minimum it should be a process server if not an officer of the court or police department. It leaves too many things to chance and it's just another example of how lazy the court system has become.

This whole thing with my daughter just shows me again that God had a plan. If I had never gotten involved when CPS removed Little Bit from DOT, I wouldn't have a clue of how to help my daughter now.

another question- kiddos aren't married- before freakmil pulled this crap what was the status of custody? had they been to court before at all? had formal paternity been established? were there any prior court orders?

Custody was only with my daughter. No support or visitation orders for loser. No one had been to court for anything before this. DNA, no. Birth certificate, yes.

Custody was only with my daughter. No support or visitation orders for loser. No one had been to court for anything before this. DNA, no. Birth certificate, yes.

so dad had signed an affidavit of paternity at the hospital?


I guess where I am trying to go with this- is .....if dad isn't the "legal" father- then freakmil didn't even have standing to file what she filed.....

hang in there "mom". I don't have any advice (as usual, I am getting advice from you), but please keep us posted

Yes please do! I am so glad that the lawyer decided to cut his fee in half!!:p

Interesting that there is only a notice of failure to serve my daughter in the case file, but there is only a notice of service to loser.

Man, by this point you should be able to preside over custody/visitation cases. Your kids are so very blessed to have you. Hang in there and keep us updated. Maybe, if karma works the way it should, ALL of the morons in your life will wind up on a deserted island somewhere and will have to figure out who is the weakest member of the group. They gotta' eat, you know.:D

Man, by this point you should be able to preside over custody/visitation cases. Your kids are so very blessed to have you. Hang in there and keep us updated. Maybe, if karma works the way it should, ALL of the morons in your life will wind up on a deserted island somewhere and will have to figure out who is the weakest member of the group. They gotta' eat, you know.:D


:D :p ;) Can we vote them off the island mommyof4?!! I would love to see them at an island like the old alcatraz island!

Well, my exH came through in his normal way of "if I am going to help I am going to be in charge" kind of way. He went ahead and hired HIS attorney (the one mine keeps stomping the crap out of in court) VMX today "I paid so and so half her retainer, you owe the other half." This attorney SUCKS. He sucks. AND her retainer is usually on 20% of what she ends up charging by the end of the case.

Guess, my parents and I are footing the bill for my attorney because I'm not signing on for unlimited billing for someone who sucks. He can have that mess. I can't believe he can't keep his ego in check for this ONE thing.

This man is so anal it's a wonder he doesn't $hit diamonds.

Your Ex sounds like an awsome kinda guy! I believe in Karma myself and I have a feeling its going to make a full circle with this one. GOOD LUCK!!