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.
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.
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.
