Legal Question in Family Law in Missouri
Disputed Child Custody
If physical custody changed because of a verbal agreement between the two parents, without legal change to the divorce decree, and the said physical custodian was not notified of a hearing, could the decision made at the said hearing be considered null and void under the obligation that both parties were not duly notified?
During the time of my late husband's illness, I was not notified and my ex-husband, went to court and physical custody was changed. I have since moved to Michigan, and unfortunately the arrangement is no longer acceptable to me. I have actually seen the court records and the session was three days before the return to sender was recorded. The judge unknowling made a ruling based on the assumption that my choice was not to be present. I need to know to what extent of the law have my rights been violated, and may I ask the court to appeal the amended physical custody?
1 Answer from Attorneys
Re: Disputed Child Custody
To Whom It May Concern:
This is in response to your email of September 12, 2001, which this office received on October 26, 2001.
From your question I am unable to determine whether a Michigan Court ordered the change in physical custody. If so, one should receive notice of any hearing and a proof of service should be proven to the court.
Accordingly, if service was not effected you may have a cause for further determination in this matter. Again, I am unable to answer any questions if it does not pertain to Michigan Law.
Sincerely,
Nichols & Eberth, P.C.
By: Blair Moody
(313) 561-5700
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