Tata v. Tata

I respectfully dissent from the affir-mance of the trial court. My view of the record on appeal leads me to conclude the trial court did not properly consider the issues of laches and waiver raised by the appellant/grandmother in opposing the ap-pellee’s/father’s arguments that the custody order awarding the appellant/grandmother custody of the child is void for lack of notice of the proceedings and personal service. As the appellant/grandmother accurately argues, the right to contest a personal jurisdiction and notice can be waived by failure to assert the procedural defect in subsequent…