We've been going through this since the grandmother died. She left my child $ & whoever is guardian will be in control of the $. He only wants the $! My daughter has a disability & she gets a check. Now he thinks he's entitled to the $. Even though I'm the one caring for her & getting her to & from the doctor. I've tried to live with this man & even let him get his daughter before all this & he wasn't interested. Always had something else to do to permit him from getting her. I believe my lawyer was dating his lawyer. Never had my best interests in mind. I have 4 other children & he has 0. Everyone thinks because he only has 1 she'd be better off. I love all my children & I take care of them well. I need my child & she needs her mother! H.E.L.P ME PLEASE.
Usually if you MISS a court date, you can ask to vacate a default IF filed before the expiration of 30 days since said default judgment. If beyond 30 days, you can try a 1401, but man, those are incredibly hard to get (Caselaw has little sympathy in those situations).
You (generally) can't appeal a default judgment, and even if you could, same 30 day period applies. I get the feeling, and it's just a feeling, this may have happened more than 30 days ago. Regardless, talk to a family law attorney in your area for specific guidance.
Appeal is probably the wrong remedy. Way too long, way too expensive, and the record probably affords you no basis for a successful appeal anyway. What you probably need is to go before the trial judge on a motion to vacate. Whether you have any grounds for that is something to discuss with your attorney.
If you do not trust your lawyer, hire a new one. If you missed a court date, your remedy is not with an appeal but rather with a motion to vacate the prior order. Hopefully all this happened less than 30 days ago. Do not waste any time. Hire a new lawyer to address your situation immediately. Time is of the essence.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
You need to hire a lawyer asap if you don't have one already. A motion needs to be filed to vacate the custody order asap. Time is of the essence.
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