Legal Question in Family Law in California

my ex husband filed for sole custody of my children and intentionally had the summons sent to an address that I would have never used so I wouldn't receive my summons to court. Consequently, I knew nothing about the custody hearing and so did not attend. The judge awarded him his request of sole custody taking away all my parental rights. My ex husband has a history of domestic violence, there is documentation that a restraining order had to be put in place at one point. Is there any way I can fight this and regain custody of my children?


Asked on 8/13/10, 7:12 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Motion to Vacate/ Set Aside based on fraudulent service of process.

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Answered on 8/18/10, 7:27 am
James Bame San Diego Law Office

A Summons must be personally served. There must be other procedural history in this case. Contact me directly.

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Answered on 8/18/10, 1:29 pm


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