Q: Family law due process question and advise
I was just curious about the due process portion of a permanent guardianship case.
Can a permanent guardianship void/null since papers were never served & never even attempted to be served to the biological mother or father according to court record?
If so how do we go about getting the permanent guardianship void following that process?
Would it be Appellate court?
There was a temporary guardianship in place so the kids can stay in a school while we closed on the house it, my aunt took full advantage of the situation and went for permanent Guardianship and I was never served papers so I didn't know it was happening.
A: file a Motion to Vacate Guardianship order in the guardianship case and state you were never served notice of the hearing. You should look at the court file as the judges usually do not grant guardianship if there is no service on the necessary parties. The file will tell you if a document was filed stating you were served and how. Good luck!!
1 user found this answer helpful
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.
