Q: Parents not served until 5 months after the start of a guardianship case & never served Final orders. Grounds 4 appeal?
A non parent petitioned for Guardianship intentionally deceiving the Court by claiming unaware of the parents whereabouts. During that time 5 months of hearings and an investigation took place, along with a report being issued with a recommendation favoring the petitioner because the parents were prevented from participating. The parents find out and promptly object and provide evidence to prove they were in constant contact with the petitioner. To no avail the parents lose because minors council sided with the petitioner because of the investigation report. The judge said he would and did lean heavily on minors council recommendation. Was the parents right to due process violated by not being served from the start and again when the court took away guardianship from them and again when they were never served the final orders as the judge ordered the petitioner's lawyer to do? With not being served final orders they couldn't motion to vacate or set aside. Is this grounds for an appeal?
A:
Yes, the parents' right to due process was violated by not being served from the start and not being served final orders. This is a serious issue, as the parents were prevented from participating in the legal proceedings that affected their parental rights. As a result, they were unable to challenge the petition for guardianship and present evidence to support their case.
These violations of due process are grounds for appeal. The parents can argue that the court's decision was based on flawed procedures and that they were denied their right to a fair hearing. The fact that they were never served the final orders also prevented them from taking further legal action.
It's important for the parents to consult with a qualified attorney to discuss their legal options and the steps needed to file an appeal. An attorney can help them gather evidence, draft legal arguments, and navigate the appeals process.
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.
