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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33911
Experience:  Began practicing Family Law in 1992
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Family Law in AZ, Q: I'm a non-custodial parent son I

Customer Question

Family Law in AZ, Q: I'm a non-custodial parent for a son I just learned about in 2011 (now 18) w/ 0% legal or physical custody. He has had many legal infractions & did time in detention. The mother signed a restitution order notification on 2/25/2013 of which I was never notified (by her or the courts). Today I received an order of judgement against the mother & myself for that restitution (mostly detention fees). I spoke to the PO officer that forwarded this case to the courts & she stated, "the judges expect parents to inform the others when they sign these notifications". Do I have any grounds to appeal this, any advice?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
I just added my cell number to my account if you prefer.
Expert:  JD 1992 replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Yes, you could appeal and argue a denial of due process since you weren't notified of the events. You probably don't want to try to do this yourself because it is a Constitutional violation argument and those are extremely difficult to make if you're not used to doing them. You should win on this one if the argument is done correctly since you are having property taken without the right to be heard but, again, the actual argument is much harder than this because you have to do extensive research on both the state and federal level and cite a lot of cases on due process.