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Asked 9/16/2010

Forged Temporary Custody Orders were filed with County Clerk

My wife filed and served me with divorce documents. At the divorce hearing the judge would not hear our case until our personal bankruptcy case had been closed with the federal courts. We both agreed, at that hearing, to the Texas Standard Custody orders. Her Lawyer, who was present at the hearing, had agreed to draft temporary custody orders for us to review and sign. Since then her Lawyer removed himself from the case and the papers were never drafted. Our joint bankruptcy was closed without dismissal of debt do in part to a malicious, 13 page letter, with false allegations about me, that was sent to the federal judge, also the lack of response and information from her. Our Bankruptcy lawyer pulled himself off the case due to conflict of interest.
Throughout all this time(8+months) I had been sending her money for our two children (13yrs and 16yrs). No custody papers had been drafted or filed with the courts. I told her I was going for custody and with in a few days I received a notice from the County Clerk that my temporary orders have been filed. I immediately retrieved a copy and found out that my name had been signed on them as well as Her lawyers letter head. I called her Lawyer to find out that they had not filed the documents. I filed a police report. She was charged and arrested. Based on those false documents the Attorney General has just sent me a letter stating I owe back child support. What do I do? I have not been able to find steady work before she file.

 
 
 
 
Answers

Answer 1/10 - Submitted 9/16/2010

Respond to the AG with documentation of her charges of filing false and forged documents, for which there can be no court-ordered child support. The court should also nullify the order so entered, nunc pro tunc.

HER attorney should file a motion to rectify the matter.

I hope this clarifies what is to be done - IMMEDIATELY. Thank you for visiting WebAnswers as your sourceā„¢.

 
 

Answer 2/10 - Submitted 9/16/2010

Before receiving and reading the answer I contacted the AG and they did ask for those documents. The answer confirmed this.

 
 

Answer 3/10 - Submitted 9/16/2010

Thank you for awarding my answer.

Please contact her attorney. He or she has an ethical duty to the court set the matter straight.

 
 

Answer 4/10 - Submitted 9/16/2010

Where would I retrieve the filing? The police department said they would not release them to me.

 
 

Answer 5/10 - Submitted 9/16/2010

The FILING of the alleged court documents should be in the court that handles divorces; her criminal charges and the case file would be in criminal court.

I am unsure what it was you were seeking from the police department. The AG can obtain information from the district attorney, or whatever the prosecutor's office is called in your state.

 
 

Answer 6/10 - Submitted 9/16/2010

I just spoke to the AG office and they said that I would have to file an order to have the Temporary Orders "Set Aside". I'm not sure what that means and i do not have any legal representation to file this for me. Is this something I can do and how?

Can I ask what your credentials are?

 
 

Answer 7/10 - Submitted 9/16/2010

As I mentioned, HER attorney has an affirmative, ethical duty to correct a fraud perpetrated upon the court by his or her client. Accordingly, HER attorney should file the motion. Did you miss my stating that above? If you did not, have you called HER attorney.

Further, and again, you should visit the court where the criminal charges have been filed and obtain certified copies of the warrant(s) and any other relevant materials contained in the file.

I am an attorney in Virginia.

 
 

Answer 8/10 - Submitted 9/16/2010

I have called both, the one she has now that just filed a First Amended Original Petition For Divorce and her previous attorney that withdrew.

history: an Original Petition for Divorce was filed by her first attorney Nov. 2008. On Oct. 2009 we went to court for a divorce hearing at which time I explained he ordered a Standard Texas Cust. her attorney withdrew and never filed the Temp. Orders.
She has been arrested and not yet convicted. The AG office called me today after talking to the DA's office and told me I would have to get an attorney to file and have the Orders Set Aside.
Not sure what to do at this point. Should I be Talking to her current Attorney, who's handling her divorce now, or the previous Attorney, who's name was on the false TEMP. CUST. ORDERS?

By the Way, Thank You for your time and knowledge.

 
 

Answer 9/10 - Submitted 9/16/2010

Obviously, the attorney whose name is falsely implicated in the matter. Once he knows, he will be compelled to act.

Thank you.

 
 

Answer 10/10 - Submitted 9/21/2010

Q: What else can I do to keep the AG from collecting on the Temporary Custody Orders that had my forged signature on them? I called the Law office whose name was on the 22nd page of 22pages (where both My forged and My future Ex's signatures are(under : APPROVED AND CONSENTED TO AS BOTH FORM AND SUBSTANCE) but Her Ex Lawyer has not responded to my calls. The Custody hearing was in October 2009, the Lawyer took himself of the case a couple months later, We had been going through a bankruptcy since Nov. 2009, The Temporary orders were signed by a Judge in June 2010, The Lawyer never signed the Temporary orders yet His Information is on the last page under APPROVED AS TO FORM ONLY:

 
 
 
 
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