Legal Question in Family Law in California

In a family law case in California, one party filed for divorce even though there had never been a marriage. A judge dismissed the case without making any orders for anything else. 2 years later the petitioner motioned for custody under the same case number even though it had been previously dismissed. The judge granted custody in the petitioner's favor. The respondent just realized that this error occurred. What can happen now?


Asked on 4/05/13, 10:36 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The party who is aggrieved by the order can appeal, or file a motion to vacate and then an appeal, and an appellate court could reverse on the grounds that the court lacked jurisdiction.

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Answered on 4/05/13, 11:15 am


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