Legal Question in Family Law in Minnesota

Re: responent to a change of custody motion

I would take nothing for granted. If you fail to appear a default judgement may very well be gratned.

I would have the matter inmmediately reviewed by counsel.

For a consultation call 952.746.2153.

Re: responent to a change of custody motion

I just returned from court and reviewed your question. This is an important matter, and without knowing anything more, I encourage you to promptly consult with an attorney.

If the opposing party obtained an emergency order expediting a hearing, or shortening time for service, or granting any other extraordinary relief, I would assume that serious allegations were made. Whether or not you were properly served is an important issue to examine, and should be discussed with an attorney, but I would not rely on a possible defect in service as a first line of defense.

As a very general matter, the law discourages the issuance of emergency orders that shorten time for service, unless there are rather extraordinary circumstances. The party seeking such relief will ordinarily file a motion, supported by an affidavit, and ask the court to sign an emergency order that must then be served on the other party -- together with all of the supporting documents. The documents to be served would not typically include an affidavit of service, since that is prepared and filed after you have been served. You should ultimately be given a copy of the affidavit of service, but it need not (and in fact, cannot) be served at the same time as the extraordinary order and supporting affidavits.

If you were not served with everything that was presented to the court in support of a request for an extraordinary order, that can indicate a problem. But you need to examine the factual basis for the request, and upon consulting with an attorney, should appear in court even if you did not receive all of the papers -- if for not other reason than to register your objection to the sufficiency of service.

Given the extraordinary circumstances usually present when an emergency order is obtained, I would strongly encourage you to immediately consult with an attorney about the matter. It is not possible to gather sufficient facts to provide you with more specific advice at this time.

You may certainly feel free to contact me if you have additional questions. My contact information is below. Again, I strongly encourage you to consult with an attorney about your response to this matter, rather than trying to do it on your own, since the presence of some sort of emergency order is a red flag.

Good luck, and thank you for your question.