Q: I got a letter and a document from my son’s mother, my ex-wife, stating that I have lost custody due to missing a court date. Apparently, she petitioned the court for modification of the custody order, which stated that I had sole custody and she had visitation. Now it says that I have visitation and I am to bring my son to court immediately for the exchange. I did not receive service, she only mentioned court via email but I wasn’t served. How the heck did I lose custody to her? What can I do?
A: If she did obtain an order on default, then you should immediately file a motion to vacate your default. Allege in the motion that you weren’t properly served. Schedule a consult with a Bronx Family Law attorney for a full assessment.