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Family Law Question

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brianv123

Junior Member
I filed divorce papers in San Bernardino county,CA in July of 2009. I had my spouse on October 12, 2009 as she was in rehab and I didn't want to serve her then. There was no response to the divorce papers until April 8, 2009 where she now wants joint custody of our 3 remaining minor children, 14,16 & 17. Can she do this? I thought she had to file any complaints or disagreements within 30 days of being served. what can I do?
I thought my six months waiting was over today. Can she stop the finalization of the divorce now?
 
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Proserpina

Senior Member
I filed divorce papers in San Bernardino county,CA in July of 2009. I had my spouse on October 12, 2009 as she was in rehab and I didn't want to serve her then. There was no response to the divorce papers until April 8, 2009 where she now wants joint custody of our 3 remaining minor children, 14,16 & 17. Can she do this? I thought she had to file any complaints or disagreements within 30 days of being served. what can I do?
I thought my six months waiting was over today. Can she stop the finalization of the divorce now?

She can file for custody at any point.

(Custody is always fluid and can be modified at any time outside of the divorce decree if there are grounds to do so)
 

Ohiogal

Queen Bee
I filed divorce papers in San Bernardino county,CA in July of 2009. I had my spouse on October 12, 2009 as she was in rehab and I didn't want to serve her then. There was no response to the divorce papers until April 8, 2009 where she now wants joint custody of our 3 remaining minor children, 14,16 & 17. Can she do this? I thought she had to file any complaints or disagreements within 30 days of being served. what can I do?
I thought my six months waiting was over today. Can she stop the finalization of the divorce now?
Technically YOU couldn't hold service. You were to serve her in July when you FILED the papers and not purposely wait until October. And then for her go to back and file for a response BEFORE you filed the divorce papers.... You all messed it up.
 

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