Legal Question in Family Law in California
Hello, my daughters father has only seen her 3 times in the last 2 years and I finally decided to file for sole custody with supervised visitation, he hasn't responded to the summons and the 30 day limitation expired on 5/29, what exactly does that mean, that the judge will grant my request or will possibly happen?
1 Answer from Attorneys
If the other parent has not filed after you've properly served him with a summons and petition for whatever orders you are requesting, you may move forward with a default and getting default orders. Please bear in mind though, that the court will give him every opportunity to come and appear if he so chooses. If you believe that he will eventually respond, you should let him know you will be filing a default and give him an opportunity to respond to prevent wasting your time of dealing with a default and having the default be overturned by the court.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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