Q: What steps should I take to regain custody of my son? Aside from court forms what details should I include?
For the past 2 years I had sole legal and physical custody of my son. After the court case closed and DCF closed their case, my son’s maternal grandmother petitioned the court for visitation. She hired the best firm and began filing motions for custody. I was appointed an attorney by the court and it was a disaster. On 9/25 I met my attorney for the first time. She refused to ask the judge for a new date as she just received appointment on 9/22. After that appearance she told the judge that we needed to change an upcoming court date on 10/19 as she was in trial at another court. Well, on 10/19 I lost custody of my son learning this while I was getting my son from the school bus at 3pm. I called my attorney immediately and made her office aware of what happened. From 10/19 through 10/30 she never filed a motion or contacted the court. I parted ways with her. I haven’t seen my son since 10/19.
A: You should immediately file a Motion to vacate the order along with an Affidavit of what took place based on the attorney not having been present and your understanding that the court date had been continued.
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