View Full Version : Rule nisi
Juanitamills
Nov 28, 2013, 06:13 AM
My husband emailed me a partial picture of rule nisi but it doesn't show what day of the month just the month and the year. Also he filed in a county niether of us live in and didn't use my legal name and I haven't been served with a summons. Am I required to show up and not knowing the day? It is an emergency custody hearing.
cdad
Nov 28, 2013, 06:18 AM
Im not really understanding what is going on here. You say that you were mailed a picture of what exactly? Rule nisi is a procedure. So something is not being explained. You mention an emergency custody hearing? Can you explain more about that? How do you know there is a hearing and are the children listed in the paperwork?
Juanitamills
Nov 28, 2013, 06:48 AM
My husband and I are split up. I hAve our child and he wants her. He has been trying to get me to bring her to him and sign papers giving him custody and I won't do it. Apparently he went to the court house and filed a rule nisi. He sent a picture of the TOP part with our names (but my name is wrong) on it the name of the county(which niether of us live there.) it shows that it is a rule nisi and a partial date. It is not the whole document so I really don't know what its for I just assumed it has to to do with the baby. I haven't been served with a summons so I don't know if I have to show up or not.
ScottGem
Nov 28, 2013, 07:06 AM
Contact the court and ask what is going on.
When you split was there any court action giving you custody?
Juanitamills
Nov 28, 2013, 07:11 AM
Contact the court and ask what is going on.
When you split was there any court action giving you custody?
No we just split up about two weeks ago.
ScottGem
Nov 28, 2013, 07:16 AM
Ok, a rule nisi in a divorce case is a notice that a divorce has been filed and a period has to go by before it can be final (Rule Nisi Law & Legal Definition (http://definitions.uslegal.com/r/rule-nisi/)). If I were you, I would file for divorce in your county of residence Monday morning. Include in your filing that you want primary custody of your child.
I would also contact the court where the rule nisi was issued, as I indicated, to find out what has been done. I would tell them that neither of you reside in that county and that you have filed in your county of residence.