Legal Question in Family Law in California
The Request to Enter Default was filed at the beginning of this month. I just received my copy back from the clerks office. It said incomplete #4 (Memorandum of costs) on the FL-165 form. It also says that if I am having difficulty filling out the form I can call the court calendar to set up a Default Hearing.
I am trying to finish my family case. I do not want it to drag on for a long time. The other parent has not filed a response and has missed the first mediation appt. 2nd mediation appt is coming up next month. (Never married. Requesting full and legal custody)
Should I refile the FL-165 form or set up a Default Hearing?
Thank you for your help.
2 Answers from Attorneys
I'm incredibly confused by your statement that you were never married. If you were never married, then why do you have a petition filed? Is it a paternity petition?
If you are requesting a default judgment, you must first request the entry of default. The form is a multi-purpose form, and is for the clerk's entry of default, and the application for default judgment.
It is too complicated to explain all of the differences, and how to proceed here. I suggest that you speak to the family law facilitator, or self help center at the courthouse where you have filed the petition.
Mr. Roach is easily confused, especially since you never mention a petition. His advice, however, is exactly correct. At a default hearing you would probably be just as confused as by the forms, or more so. The Family Law Facilitator at your local courthouse is the place to go for help. Helping with selection, completion and filing of forms is their number one purpose.
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