Whittier, CA asked in Family Law for California

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?

Related Topics:
1 Lawyer Answer
James L Miller
James L Miller
  • Fresno, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.