Do I need to be worried about a motion to vacate?

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Do I need to be worried about a motion to vacate?

Anonymous Dec 5, 2015 Business 2 views 2 answers

I went to court a month ago and won sole legal and physical custody of my daughter Hailey because her father did not appear in court. He was served papers and signed them but is telling me he never did that and is saying he is going to tell the judge I told him the court date was canceled which I DID NOT I just didn't answer his texts when he asked if court was still on...He has filed a motion to vacate and I am wondering if I need to be worried? I have a notebook full of incidents for court but I'm wondering if it's enough? For example-- he lost his job two weeks ago(his fourth job in three months), he is behind on child support, the daycare our child goes to has signed multiple times that he doesn't drop Hailey off with a diaper bag or anything so they have to borrow from other children, texts asking me if he can borrow money because he only has $30 to his name, times when he is suppose to have Hailey and doesn't show up etc. I am hiring a lawyer but would like to know if he has a chance of winning?

Larry Couture · Accepted Answer · 2026-06-15T16:40:03+00:00

Anyone who tells you that he has no chance of winning a motion to vacate would be untruthful but you already know that there is always a chance, otherwise you wouldn't hire a lawyer. The real issue is the odds of getting a vacation which are not great. Even if the court were to allow him to vacate the order it could order him to pay costs and fees for his failure to appear. The factors you want to pass on for this motion are not the ones you would use if you had to actually have a hearing. Your lawyer can be more precise if necessary.

Julie Fowler · Accepted Answer · 2026-06-15T16:40:03+00:00

You will want to hire an attorney and discuss the specifics of your case so your attorney can prepare to defend against the motion to vacate. Yes, courts will deny motions to vacate if the order serves justice and the proper procedures were followed. If the father didn't bother to show at the action and now does not like the result, the court may overrule his motion to vacate. That being said, if there was a procedural problem the court may be more willing to vacate the order and look at the case again to make sure the procedural requirements are satisfied.

Do I need to be worried about a motion to vacate?

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