Legal Question in Family Law in California

Revoking custody action

My boyfriend and I have a child out of wedlock. He recently filed for Paternity and included custody and visitation in the Order to Show Cause. We decided not to show to the hearing so Paternity will be decided by default; however, we do not want the custody portion to remain in the court system since we are working out a parenting plan by ourselves.

After the 30 days, can he file a Default Judgment on Paternity together with a Stipulation stating the agreed upon terms of custody or do we still have to go to mediation?


Asked on 4/15/02, 5:38 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Revoking custody action

31 days after you were served with the summons and petition he can file for a default. Prior to that time you can reach an agreement concerning all issues, custody, child sharing and child support. At that time he can enter a default and have the agreement made an order of the court. However, that may be difficult to accomplish unless he has some assistance on what forms to file and how to complete those forms. Also, if you do not reach a written agreement within the 30 days, he could proceed by default and take the judgment as he wants it written. Get a signed statement from him saying that he won't take a default until you have a written agreement. Good Luck, Pat McCrary

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Answered on 4/15/02, 6:58 pm
Edward Lindley Edward Lindley, Attorney at Law

Re: Revoking custody action

Yes.

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Answered on 4/16/02, 4:48 pm


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