temporary custody overturned?

[paula]

Just signed up on this sight.  Was hoping someone could give some advice.  A friend of mine was awarded "temporary custody" in a hearing for which his separated wife did not show.  However, she has petitioned within a 24 hr period (just happened) yesterday to have an additional hearing "claiming she never received the notice".

Does anyone know what the chances are of the judge overturning the order into her favor.

for a little back info....she was arrested for dui last month and has a long prison history of financial felonies from bad checks to theift in and out of jail for about 20 yrs?

she always leaves the children home alone,,, 11, 10 and 4 yrs old and we are afraid for their safety.


and advice appreciated.


thank you

[bloom6372]

Does he have proof of service? If so, her "I didn't get it" goes out the window.
 
I would assume, with her history, that they wouldn't overturn it, especially since it's temporary custody. The children need a stable home, and a parent in and out of jail doesn't seem *to me* to fit the picture of stability.

[MixedBag]

Bloom, technically -- you're right.
 
In reality....EX#3's EX got soooo many things that are procedurally cut and dry turned over it was ridiculous.
 
So....I say YES....it can happen.