Asked in Family Law, Civil Rights and Constitutional Law for Kentucky

Q: Can custody orders be vacated that was never served or even given notice?

Upon discovery of petition and orders concerning my biological son, I filed a motion CR 59.05 to vacate and for sole custody. Due to pending marijuana charge on the day of hearing to vacate, I was advised to enter into an agreed order till charges were dropped. Attorney set motion to vacate in abeyance the day of hearing after agreed order. Now charges have been dropped. Can I renotice my motion to vacate orders due to my constitutional rights being violated or did I waive that right by entering the agreed order? Which specific law helps or hurts my situation?

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Consumer Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You can file your own motion to vacate.

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