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 Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3910
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
45002201
Type Your Family Law Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

My mother filed for visitation rights, in a case where only

Resolved Question:

My mother filed for visitation rights, in a case where only temporary physical custody has been determined for a 13 month old child. She has been attending hearings scheduled immediately after my hearings under a separate docket. She went 3 times thus far pro se. The referee listened to her the first 3 times. Yesterday she was scheduled for another hearing, but after my hearing was over (it was running a bit late) the referee said that the grandmother did not need to be heard, and was given a return date after my next hearing.

Does this constitute denial of due process?
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good morning. I'll be assisting you with your question.

texlawyer :

Just so I understand correctly, she was given several court dates where she was heard, and then at some point, the referee decided he no longer needed to hear from her and made a decision regarding her visitation rights?

Customer: No. There is still no decision regarding her visitation rights. She is asked again to appear in 6 weeks.
texlawyer :

OK. Has she been heard at the previous hearings?

Customer: Yes. She was asked to return yesterday to be heard again. She took off from work to be heard.
texlawyer :

That's what I thought. Then I'm not clear on your question. She's been given multiple opportunities to be heard by the court. How are you thinking this is a denial of due process? She's had access to the court and been able to present her case.

Customer: She was told to come to court yesterday and present her case again. Yet she wasn't even allowed to come in the room yesterday. She came there for nothing but to sit in the waiting room?
Customer: The referee seemed to assume that there was nothing that my mother could add yesterday.
texlawyer :

That is not a violation of her right to due process. You may have an inconsiderate referee, but to make a due process claim, you would have to a significant impediment to access the courts or litigate her case. What you've described is, sadly, fairly commonplace, and not a due process violation.

Customer:

She was not able to litigate her case at all yesterday.

Customer:

That sounds like a significant impediment to me.

texlawyer :

But she's had several opportunities in the past.

Customer:

Then why not just dismiss her case? Why waste her time making her show up to the court room to sit in a waiting room?

texlawyer :

You don't have a right to as many hearings as you want. I know it is a frustrating situation, but this is not a particularly close call. She can certainly litigate the due process issue and raise a claim with the court, but she has a very, very low chance of winning a due process claim.

texlawyer :

I can't answer that question. Like I said, it sounds like she has a very inconsiderate referee.

Customer:

This referee in my own custody/visitation case does not allow me to present my side either, as I am pro se. She allows the opposing counsel to speak, the child's attorney to speak, and never once asks me for my position. When I try to speak she tells me that she is the one speaking and to listen instead and not intervene. Taken in context with the lack of consideration for my mother as well, wouldn't you agree there is a denial of the constitutional amendments?

Customer:

That is the 4th and 14th amendments

texlawyer :

I don't mean to be discouraging, but no, this is not a Constitutional violation. A person very rarely has a Constitutional right to a hearing. Not being able to say what you want to say at a hearing is not a violation of your Constitutional right to due process. To be blunt, it isn't even a close call.

Customer:

Per other lawyer on here: If you have not had a chance to present your side of the story in these matters, your only recourse is filing an objection to the proceeding before the referee and argue that you are being denied your due process rights under the 4th and 14th amendments in that you are not being allowed to present your case or side of the story. You file this with the court and the court will set a hearing and you can present your issues before the judge.

texlawyer :

That attorney is correct, that is the way to challenge this, but if he told you that you are likely to prevail on that claim, I will have to disagree. The bar for a due process claim is VERY high. Again, you are certainly free to make the argument, but, at least in my professional judgment, you are not likely to win. I don't say that to be discouraging, but I can only give my honest opinion.

Customer:

Does not seem logical that the courts would say to someone show up on a given day and cancel the hearing one minute before it takes place.

Customer:

Does not seem logical that the courts should have that right.

Customer:

Isn't there a standard to notify someone of a cancelled hearing within a certain amount of time?

texlawyer :

Courts are not Constitutionally required to be considerate.

Customer:

If there is no such law or even standard, I will be contacting my representatives.

texlawyer :

Most will give at least 24 hours notice, but there is no specific requirement. Hearings get cancelled all the time. It is a huge inconvenience, but it just happens sometimes.

texlawyer :

That would be the only way to correct the problem, because it is not a Constitutional violaiton.

Customer:

Hope you will see this on the news soon.

Customer:

Thanks

texlawyer :

Lawyers everywhere would be rejoicing!

Customer:

Haha thanks

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3910
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and 6 other Family Law Specialists are ready to help 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
 
 
 
Chat Now With A Family Lawyer
Chris T., JD
Chris T., JD
Lawyer
706 Satisfied Customers
I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.