Legal Question in Family Law in California

I filed for Divorce 3 months ago and the judge has denied judgement due to the fact that I included custody in divorce. I currently have an open custody case in a different county. My question is, can I rescind only the custody portion of my divorce filing or do I have to file for divorce all over again and this time leave out custody?


Asked on 10/08/10, 12:42 pm

2 Answer from Attorneys

You are really badly confused. You cannot do either thing you ask about. You cannot have a custody case separate from a divorce case if there are children of the marriage. If the custody case is for children not of the marriage then you can't include them in the divorce. Furthermore one of your cases is in the wrong county. Then, to top it all off, you cannot have filed only three months ago and then be in front of a judge for a judgement. Divorce cases cannot come on for judgment less than six months from when either they are filed or the respondent is served (I think the latter, but I'd have to double check). You need to contact a family law attorney and get some help straightening all this out and explaining to you what you need to do.

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Answered on 10/13/10, 1:44 pm


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