Legal Question in Family Law in California
what do I need to file next?
My ex filed for child custody in Riverside and I filed the same in Bakersfield (3 days later). Our last court date in Riverside, the petitioner(my ex) did not show up , due to being incarcerated. There was an '' ATTORNEY, ACTING IN PRO-
TEM'', presiding that day. He stated,'' DUE TO THE PETITIONER NOT PRESENT TODAY ( BECAUSE HE IS INCARCERATED),
and '' IT APPEARS THAT YOU DID NOT FILE A RESPONSE, I'M
TAKING YOU OFF THE COURT CALENDAR FOR TODAY!!!!!!!!!!:
I TRIED TO INTERRUPT HIM WITH,'' EXCUSE ME YOUR HONOR,
I HAVE MY RESPONSE AND PROOF OF SERVICE RIGHT HERE!!!!!!!''
HE WOULD NOT HEAR ANYTHING FROM ME. WHAT DO I NEED
TO FILE OR WHAT DIRECTION DO I NEED TO GO IN ORDER TO GET SOME ACTION DONE (ON MY BEHALF)???????????
3 Answers from Attorneys
Re: what do I need to file next?
Based on the limited information you have given, it sounds as if the matter your husband filed is off calendar. Your matter in Bakersfield, however, will proceed. What happened in Riverside sounds like resulted in a benefit to you, since you can pursue the matter locally. This doesn't necessarily mean that the Bakersfield court will be able to hear the matter - there are still issues of which court has jurisdiction, depending upon where the children reside right now.
Re: what do I need to file next?
if you email directly with more details or clarification of the ones you did include in your question, i may be able to assist you legally in this matter.
Re: what do I need to file next?
Interestingly, both courts have jurisdiction, presuming the legal requirements for jurisdiciton have been met in both courts. "Taken off calendar" does not mean the case has been dismissed. Your husband's divorce case is still active. If, however, your husband does not or cannot show up, then you may only get a disso judgment in the County where you have been a resident for 3 months preceeding your request for judgment. So, if you reside in Bakersfield, you may only get a judgment of disso in Bakersfield. You have to make a formal request upon the court in order to get a judgment of disso--which is a much more complicated process than you can imagine. In any case, you will have to inform the court of the action pending in the other court.