Glendale, CA asked in Family Law and Domestic Violence for California

Q: Does a court still retain jurisdiction over someone if due process was violated but caught later in the case?California

I was lured to court by an improper ex Parte notice of a fraudulent complaint. While there for the complaint, I was then served a summons for child custody. I had no time to reward docs before judge heard the case and said this at the time. If the complaint is proven fraud, does the summons have any way to be dismissed? It unfairly set me in a very inconvenient court.

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1 Lawyer Answer
Susan G. Cohen
Susan G. Cohen
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: Your question is unclear. If family court gets jurisdiction because someone has appeared in court, the court may have jurisdiction for that case or hearing. Usually due process issues have to be raised by a party immediately. Could you provide more details, please.

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