Legal Question in Civil Litigation in Alabama
Rule 60
October of 1999, a local judge laid aside my custody order she had given me from March of 1996. According to Rule 60, you only have several months, sometimes a year, in dire cases, up to three years to have an order of the court laid aside. Since the judge laid aside my 1999 order, (March 1996-October, 1999 = 3years,7months later), does this seem to be a violation of Rule 60? Or can you please explain Rule 60 to me, and where it is found in Alabama law?
I am now facing 3 and 1/2 years of arrearage and high interest, when I previously had custody. Isn't all this some type of violation of my civil rights or perhaps Constitutionally wrong? Please help!
2 Answers from Attorneys
Re: Rule 60
a judge can do anything they want as long as it is not challenged. you may want to appeal the order if you have not let the time expire. talk with your lawyer.
Re: Rule 60
Your question cannot be answered on the limited facts given. Although you refere to Rule 60, I suspect the procedure used to change custody was through a modification order. In any event, I suggest that you get with an attorney that handles domestic relations to look over the judges order.
As to rule 60, it is found in the Alabama Rules of Civil Procedure, which can be found at any county law library.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
