Legal Question in Family Law in California

Custody Judgment in process can the father motion agenst it?

I have a judgement in process that was getting ready for signature by the judge. My daughters father whom has never really beeen a part of her life came back at me with set aside papers due to that fact that im filing the right paperwork to move to ny with my daughter. He used the exact words ''I mistakenly did not file my response to the leagal papers because I was using drugs at that time'' there is a restraining order agenst him for dv. he has 4 violations on the restraining order as well. is there a chance for him to get the visitation even though I know it would be mentally and physically a rsk for her to even be around him.? mind you he is also an alcholic as well as anger management 2 times and rehab 3 times nothing seems to fix him he does not want to be fixed. He is saying that I improperly served him in jail because I gave the paperwork to the sherrif to give to him the sherrif had me fill out the papers saying that I served the officer whom then handed hi the papers he was unable for me to serve him anyhow because he was in jail! I have also filed afadavid declerations from myself and the sherrif down to the exact time that he was served the papers. they can not set aside my default on such a minor thing can they!HELP


Asked on 3/04/05, 2:04 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Custody Judgment in process can the father motion agenst it?

Delivery of the petition and summons to him by the sheriff at the jail should be valid personal service. His use of drugs was voluntary and should not be considered as an excuse for failing to file an answer.

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Answered on 3/07/05, 8:25 pm


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