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    TLCKWS's Avatar
    TLCKWS Posts: 2, Reputation: 1
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    #1

    Apr 19, 2010, 11:50 AM
    What happens when a de novo is done?
    Hello world! I have a question, recently me and my ex went to court for custody of our 1yr old son. He called and called before court to make up all reasons not to go to court. He previously stated the reason why he wanted custody of our child, because I already have a son, then he said, because our son is a boy. So basically, no legit reason as to why he want to take custody of our child. So, we went to court last week, and lord knows, he lied under oath. I didn't have an attorney cause I couldn't afford one and when I tried to get one through legal aid, my income was too much. He stays with his mom, and works a contract job. Ok, so his income meets poverty level. Anyway, his mom was a witness in the case. The mom stood in front of the judge and said that me and her don't get along, so of course she is going to pull for her son. To make a long story short, my ex stood under oath and said that I don't take care of our child or anything. Just flat out lied. So of course I had to get an attorney, because the judge ordered temporary joint custody. So now, I'm going to fight for my child cause the Lord knows the truth. My attorney has filed an de novo, and she said that she and my ex attorney will meet up on May 7 with the judge. What is a de novo, and what happens when they meet with the judge?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Apr 19, 2010, 12:05 PM

    Hi TLC. De novo means a new trial 'from the beginning' basically. Your lawyer has the right to order a new trial and when he/she meets with the judge and your ex attorney, they will start from scratch.

    Tick
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 19, 2010, 12:23 PM

    This is a good thing for you - you get to start all over again, from scratch (as Tickle said).

    Good that you have an Attorney now.

    It is important that you have PROOF if you are alleging that your "ex" is a danger to the child in some way - but your Attorney will explain all of that to you.

    Good luck and let us know what happens next.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Apr 19, 2010, 01:00 PM
    Quote Originally Posted by JudyKayTee View Post
    This is a good thing for you - you get to start all over again, from scratch (as Tickle said).

    Good that you have an Attorney now.

    It is important that you have PROOF if you are alleging that your "ex" is a danger to the child in some way - but your Attorney will explain all of that to you.

    Good luck and let us know what happens next.
    Actually the only reason I knew the answer to this one was because I was very good in latin at school. Topped off by working for attorneys in Toledo Ohio several years ago (late 70s). I remember them well because they were exactly like the Marx Brothers and actually indulged in that slapstick stuff. I don't know how they got any positive work done, but were extremely popular and charged an arm and a leg (yuck yuck). Sorry.

    Any knowledge gained if you are interested in what you are doing, kind of sticks around, you know. :D

    I try to stay off the legal boards, but if I know the answer I can't help, Judy, putting my two cents in, luckily the last few times I was correct.



    Tick
    TLCKWS's Avatar
    TLCKWS Posts: 2, Reputation: 1
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    #5

    Apr 19, 2010, 01:48 PM
    Quote Originally Posted by JudyKayTee View Post
    This is a good thing for you - you get to start all over again, from scratch (as Tickle said).

    Good that you have an Attorney now.

    It is important that you have PROOF if you are alleging that your "ex" is a danger to the child in some way - but your Attorney will explain all of that to you.

    Good luck and let us know what happens next.


    Thanks Judy, my ex is the one filed the custody, so I did a counter sue. Its like he wants me to work and work, and give him money to take care of our child. Its not right and not fair! We split up, and I put him out, so now he's upset and filed for custody under my nose. But I believe in God, and I have faith. I'm not an unfit mother, I have a 10 yr old child also. God sits high for a reason!

    Thanks

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