How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 14451
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
Type Your Family Law Question Here...
Legalease is online now
A new question is answered every 9 seconds

RA RR

Customer Question

A Guardianship
The mother has untell 3:00 p.m. on Friday, July 27, 2012 to file a written objection to the Guardianship. The objection will be served to the temporary guardians.
The objection was filed on time, but we were not served.
What can we do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Steven K. replied 1 year ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

While you can object to the late service, the most practical matter is to get a copy of the paperwork so that you know what to expect. The court can either strike the document because of your objection or it can admit the document but grant you a continuance.

Steven Kincaid :

Also, since the order does not specifically state the time/ date by which service was required, service might be timely if it complies with the statutory guidelines for service. When is the upcoming hearing?

Steven Kincaid :

I apologize, I will opt out because I have a sudden emergency. You may continue this chat with someone else.

Expert:  Legalease replied 1 year ago.

Hello there -

--

I apologize for this delay in someone picking up the question for you from my colleague, Mr. Kincaid. This is the first time I have seen this and would have stepped in earlier if I had known you were still waiting for a response.

-

It appears from your posting that you have an extremely tight time schedule here and it was probably put in place by the Judge because he/she wants to get these matters finished up quickly. I assume that the order for the Mother to respond was put into place at the July 23 hearing. She had to respond by July 27 because that is exactly 10 days before the next court hearing on Aug 6. Court procedural rules require that parties be served with documentation at least 10 days prior to the next hearing -- so if the response was filed by mother on July 27 and you were served with it on July 27 then you would have had the appropriate 10 days before the Aug 6 hearing.

--

If you have not yet received the response or been served with the response, you do have the right to request that the court dismiss the mother's objection to the guardianship based upon improper service of process - and depending upon what has happened overall in this case and the mood of the Judge handling the case, you just might be able to get the court to dismiss the case on this issue (if a party in a case has been particularly non-responsive and the judge is annoyed, the Judge could be looking for a reason to throw the case out -- you simply never know). However, if there are no other issues or problems with the case (or the mother) and the judge has no real reason to feel any animosity towards the other parties to the case (Mother, etc), then the reality of the situation and the fact that you were not properly served will most likely not be a big issue with the court and the Judge will most likely let the Aug 6 hearing proceed as if you were served OR the Aug 6 hearing will be postponed to a later date to give you time to review the response -- but the case will continue on as if you were served the paperwork.

--

So, it is up to you how you want to approach this situation -- you can simply ask the court for the copy of the filing made by the mother and use it to prepare for the Aug 6 hearing -- or you can file a motion to dismiss her objection as being untimely filed and improperly served (the improper service will support the untimely filing claim). If you have more information you would like to give to me so i can assist you with further answers and/or clarifications, please feel free to do so (I am working all evening).

--

Best of Luck

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am not paid anything unless you press the 3rd, 4th or 5th smile face below so I appreciate it when my customers press one of these buttons before leaving the website. THANK YOU !

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney