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?
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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.
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