Dad will default

[camom]

What is the name of your state? California

My soon to be ex-husband was served divorce and custody papers ( I requested full physical and legal) 2 1/2 weeks ago. He refuses to sign any papers and probably will not file an response in the 30 day timeframe. If he defaults will I automatically be granted my request? Will I still need a hearing? Any response is helpful...thanks in advance.

 

[Ohiogal]

What is the name of your state? California

My soon to be ex-husband was served divorce and custody papers ( I requested full physical and legal) 2 1/2 weeks ago. He refuses to sign any papers and probably will not file an response in the 30 day timeframe. If he defaults will I automatically be granted my request? Will I still need a hearing? Any response is helpful...thanks in advance.

He doesn't need to sign and you will still need a hearing at which he can show up. Just because he doesn't file an answer doesn't mean he won't attend the hearing. Also, you can't say for sure that he won't file anything.

 

[nextwife]

He may be hiring a lawyer to handle this for him.

 

[CandiceH]

I have been in this position. Ex didnt file a response, I received a default divorce in December. He filed a motion to vacate default judgement and we are going back to court. He COULD be showing up with an attorney as Ohio has stated or he could be waiting and then filing at a later time to reopen - it can go either way so it is best to be prepared.

 

[camom]

Ex Defaulted on Divorce/Custody

As I suspected might happen, he has defaulted on filing the paperwork. I will file the default paperwork immediately. My question is, is there anything I need to file in conjuction with the default oders giving me temporary full custody till the hearing or the paperwork is deemed final? I don't want him to just get mad and take my son out of daycare and not return him (as he has stated he will do).

I guess I don't really understand the penalties of defaulting if he can refile later to open or just show up at the hearing with an attorney to challenge me for custody then. Can you further explain Ohiogal? Sorry in advance for my ignorance of the legal process.
Any advice is appreciated as I go to court to file on Monday!

Thanks in advance!
I reside in the state of California

 

[acmb05]

As I suspected might happen, he has defaulted on filing the paperwork. I will file the default paperwork immediately. My question is, is there anything I need to file in conjuction with the default oders giving me temporary full custody till the hearing or the paperwork is deemed final? I don't want him to just get mad and take my son out of daycare and not return him (as he has stated he will do).

I guess I don't really understand the penalties of defaulting if he can refile later to open or just show up at the hearing with an attorney to challenge me for custody then. Can you further explain Ohiogal? Sorry in advance for my ignorance of the legal process.
Any advice is appreciated as I go to court to file on Monday!

Thanks in advance!
I reside in the state of California

Yes you can file for temp custody when you file the default paperwork. Actually you should have filed that when you originally filed.

(And stop calling him MY son, he is both or yours son, you both made him not just you. I know, I know it does not matter but it's just a pet peeve of mine.)

 

[acmb05]

What is the name of your state? California

My soon to be ex-husband was served divorce and custody papers ( I requested full physical and legal) 2 1/2 weeks ago. He refuses to sign any papers and probably will not file an response in the 30 day timeframe. If he defaults will I automatically be granted my request? Will I still need a hearing? Any response is helpful...thanks in advance.

Quick question and probably a moot point, but how was he served his papers?

 

[camom]

He was served by a third party. I used a company that a law office recommened and paid a small fee to have him served at work.

So there really are no consequences to defaulting? He can just show up at the hearing with a lawyer and challenge everything then?

 

[rmet4nzkx]

You also posted this question on another site where you were givena thorough answer by a CA attorney.
Just because he fails to file the response doesn't mean your case is over, you need to follow through with your case. I storngly suggest since you do not have an attorney that you go to the Family Law Facilitator's office in your county and get some asistance if you cannot afford an attorney and n the mean time go to the self help site provided by the CA courts..

 

[stealth2]

Not filing a response does not equal defaulting. He can still appear in court and argue his case. Now, if he doesn't APPEAR, then you will likely "win" by default.

 

[camom]

Thank you for all of your responses, they are very helpful and I appreciate your time!

Yes, rmet4nzky I did post this on another site. I was given a through answer but read the warning above about that poster (court orders IAAL to stop posting) who answered on the other site so I thought I should also seek other answers just in case!

 

[rmet4nzkx]

Thank you for all of your responses, they are very helpful and I appreciate your time!

Yes, rmet4nzky I did post this on another site. I was given a through answer but read the warning above about that poster (court orders IAAL to stop posting) who answered on the other site so I thought I should also seek other answers just in case!

That warning is totally unrelated to your case or postings and the CA law he cited to you and which you can confirm for your self by going to the CA courts self help site and the FLF office which knows the local rules for your county. That warning here can apply to anyone on public forums, myself included. The warning was not posted when you asked your questions on either site, although similar disclaimers not specific to a specific member, were in the TOS to which you agreed when you registered at both sites or when received your answers, nor did the advice you receive differ substantially from what other attorney's said, such as Ohiogal but the advice you received was specific to your state. This is why people need attorneys and why you are directed to seek a competent attorney in your local area. These sites are a wonderful place to learn and grow in knowledge but cannot replace competent legal representation, even attorney's have attorney's represent themselves. Keep us updates as your case progresses and feel free to ask more questions.