Co-Custody of a Child to the Wife and Her Parents Made Void Because of Due Process Rights Violation
In In re Custody of Ayala, 344 Ill. App. 3d 574, 800 N.E.2d 524, 279 Ill. Dec. 456 (2003), the respondent in a custody dispute contended several trial court orders were void based on, among other things, a violation of her due process rights because she had no notice that awarding co-custody to the petitioner's wife and parents was an issue or that either joinder or custody would be determined on the date of the order.
This court found the trial court exceeded its subject matter jurisdiction in awarding joint custodial care to the wife and parents because no pleading requested that relief. Ayala, 344 Ill. App. 3d at 585.
Furthermore, the court found the custody order null and void because respondent's procedural due process rights were violated.
Without notice that custody was at issue on the date of the, hearing, she was denied the opportunity to be heard on the issue. Ayala, 344 Ill. App. 3d at 587.