Legal Question in Family Law in California
Serving divorce papers
My brother served his soon to be ex with divorce papers and she is saying she will not sign them. She lives in Oregon, he is in California. He is asking for full custody of two kids because she is an unfit parent who has dropped the kids off to live with her mother. Question is, can he take the kids even before there is a judge deciding who has legal custody? Also, what if she doesn't sign the papers? Will they be void after so many days or will they go into affect?
1 Answer from Attorneys
Re: Serving divorce papers
Your question raises too many issues to be addressed on this site.
First: are the court papers you are referring to filed in California. The general rule is that the papers must be presented to the person and they do not have to sign anything.
Second: Are the children in California or in Oregon. Also how long have the children been with the grandmother.
If the children are in California his best approach may be to request a temporary order just giving him temporary custody.
Representation by an attorney will be very helpful to him by reviewing the facts of his case and the possible options.
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