![]() The court of appeals has held that consent custody orders generally are not required to contain any findings of fact and conclusions of law. However, consent orders entered in cases where the party requesting custody did not have standing at the time of filing are void ab initio. The subject matter jurisdiction of the court is not implicated. ![]() If a parent is willing to consent to a court order without the findings and conclusions, then it simply is a waiver of that parent’s constitutional protections. And that makes sense because constitutional rights generally can be waived voluntarily. Most existing case law indicates that such consent orders are valid. Is a consent custody order void if it is entered in a case between a nonparent and a parent and the consent order does not include the conclusion that the parent has waived his or her constitutional right to exclusive, care, custody and control of the child?
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |