Legal Question in Juvenile Dependency in California

I was NEVER served in juvenile court and I just found out the mother has sole custody. What can I do about this?

I have a 2 year old daughter and the the mother and I live far away. I live in northern CA and the mother lives in southern CA. Last year in November 2009, the mother filed a motion for full custody in juvenile court in LA County(with the help of a pro bono laywer) which only granted me visitation. I was NEVER served, and I just barely found out this month. The only reason why I found out is because I filed an ex parte order in family court in Northern CA, since the mother let my daughter visit me for the summer. The judge ordered me to give the child back to the mother since she already had a court order. I know that I have a legal right to be heard and the mother cheated by lying and saying that I was served when I was not served, so she can get the "default" judgment. What can I do? Can I ask for a new trial? Appeal the final judgment?


Asked on 9/05/10, 1:51 am

1 Answer from Attorneys
Steven Hertz Hertz Steven H.

The questions are "How long ago was the mother's judgment entered?", and was the judgment entered by default?" If you were not properly served, then you had no notice of the proceeding, and your constitutional rights to due process have been violated. You can file a Motion to Quash Service of the Summons. It sounds like this is a civil matter, but you mention Juvenile Court,. If your case was in juvenile court, the court would have to appoint an attorney for you. If this is family court, then you will have to get your own attorney, and file a motion to Quash. The motion will cancel all the orders and insure you are permitted your day in court.

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Answered on 9/10/10, 6:59 pm


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