Legal Question in Family Law in California

Re: Failure to respond

It depends on the judge. However, if it is the first transgression the judge will probably allow time for the response to be completed. However, the judge could proceed without the response if he/she wished. Once again, depending on the circumstances, there may not be any sanctions the first time but I would sytate that if I am representing the other party I would request attorney's fees. ( although I may not get them) The best advice is, if you can afford an attorney then retain one. If not, then do your due diligence because if the other party is represented then it is most likely that party will have his/her "ducks in a row." Regarding the children, the judge will absolutely take the best interests of the children into account wen making custody/visitation orders (as he/she should rightly do) If this office can be of assistance, please feel free to call.

Re: Failure to respond

Based on the information you provided, usually, if the respondent shows up to court without having filed a Responsive Declaration, the judge will require the respondent to fill it out that day and the hearing will continue that afternoon. With regards to penalties, if this is the first time chances are there will not be any. However, if there is a pattern, the Judge will sanction attorney�s fees. As always, I recommend you consult an experienced family lawyer who can thoroughly assess your case. Good luck!