Legal Question in Family Law in California

I have court on the 29th. The other party has not filed a response. What happens if the other party does not show up in court? What happends if she does? Will the judge give me what I asked for in my OSC or can I ask for a different visitation schedule? I requested in my OSC physical custody of my daughter with visits to the mother of everyother weekend from Friday - Sunday. My ex has no means of caring for our daughter. She is being evicted and will be homeless because she has no job or income of any kind. She also just got arrested for DUI. I no longer want her to have any overnight visits because I don't know where our daughter will be sleeping if her mother is homeless. Any information will be greatly appreciated. I am currently umemployed and can not afford to retain a lawyer. Thank you


Asked on 8/18/11, 6:48 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

You must familiarize yourself with the California rules of court as well as the family law local rules used in your county. The court will proceed by way of default if the child's mother does not appear for the hearing. If the mother shows up, it is possible the court may refer you to court mediators to discuss the parenting issues affecting your child. To properly protect you and your daughters legal rights, I urge you to meet with an attorney in an office consultation.

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Answered on 8/18/11, 9:23 pm


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