How to fight a custody order?
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How to fight a custody order?
My husband is currently in jail for the next 2 months. His ex-wife (mother) and myself (stepmother) filed for custody of his daughter, who has been with us for 11 years. At the first hearing the judge advised the facility not to transport my husband and appointed a guardian ad leitum to represent him. He also appointed a guardian for my stepdaughter and continued the case. My husband’s guardian never communicated with him about the case, even though she advised me that she would be visiting him proir to court. She then “represented” him in court and allowed custody to be granted to the mother without a word. He feels as though he was denied representation in this matter and wants to know what his rights are and what actions he can take?
Asked on January 4, 2013 under Family Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Given the apparent absence of representation of your incarcerated husband by the guardian on hois behalf it seems that the the prudent course is for your husband to retain a family law attorney to revisit the custody order that you have written about to see what can be done to possibly change the result.
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