Q: CA FAMILY. .. I just received a final order after hearing....
re: custody and visItation, my ex has been awarded sole physical with visitation to me.
The court indicates my Attorney of record was served with no reply. The last time we were at court was in 2008. It came to my attention that a final order was never filed by my Lawyer. I assumed all was taken care of and just realized we were on temporary orders until final judgement. I never thought about filing paperwork regarding no longer represented by Attorney or vice versa.
Apparently my ex filed paperwork for custody and visitation and now it's a final order/judgement.
The time has lapsed for me to disagree since the paperwork was sent to my Attorney, in which I was never notified. Is this a valid order? Do I have any recourse?
A:
There are not enough facts to give an informed response but I will try to hit some of the high lights.
The most important question is when did this all happen? If it was within the last 6 months you may be able to file a motion to set aside the order on the grounds of no service. If you are still represented you can ask you attorney to do that for you.
Did you tell your attorney you no longer needed his/her services? If you did you should have signed a Substitution of Attorney.
Does the Court have your current address? You are required to keep your address updated with the Court.
Contact an attorney in you area (many, such as myself, offer free consultations) and let them review your file.
Best of luck.
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