Legal Question in Family Law in California
we recently filed a petition for custody in California forms FL-210, FL-260, FL-105/GC-120, FL-270 and we filed Ex-Parte. The mother lives in Oregon with the children and currently is enrolled in Drug counseling that she goes in and out of constantly. The Children were born in California, when we had the Ex-Parte hearing the mother came because she wanted to take her children back. In the court room the Judge would not hear our case because the mother claimed to have sole custody because she has a child support order but brought no proof of either, nor has my spouse been served for either of her claims. She was told by us that the court papers were being sent to her from fed ex overnight because we had no idea she was coming and we live in California not Oregon, and she needed to be served the papers for her knowledge. When the papers came to her she signed and refused their delivery. My question is.... How can we find out if there is an open custody case in Oregon for my spouse and his children and their mother, and if she willingly refused the delivery of her papers for our case what happens then? the facilitator let us know that by default we would have custody if she didn't respond but we aren't sure if there is a case in Oregon, since that is what she is claiming. Can someone please direct me to what we should do? we don't have funds to hire an attorney and my step son is in a drug abusers care, and he is counting on us to bring him home. Thank You
1 Answer from Attorneys
You need the assistance of an attorney with experience in interstate custody. These cases are complicated. You cannot obtain a response on the internet that will help you. Gather all of the paper work you have for the divorce and custody issues and take then to an attorney for assistance.
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