Ooltewah, TN asked in Child Custody, Divorce and Family Law for Tennessee

Q: My divorce was finalized without me ever knowing now he has custody of our kids. Is this legal?

I have a lot of contact with my children. They did not know he had filed either. He did all this without us knowing.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: This is not possible- you either got papers and did not file a written response within the required time period ( which results in a "judgment by default") or your husband has committed some type of fraud on the court/judge by presenting paperwork which indicates your were properly notified of the court case or that you had agree to the divorce. A court order that was obtained by fraud can be set aside , but you need to consult a lawyer asap. However, the most disturbing thing about your question is that you are apparently not in close contact with your children. Even if the custody order was wrongful, this does not look good for you as a parent. Hope this helps.

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