Anaheim, CA asked in Family Law and Adoption for California

Q: Do I have to show up for custody hearing? Wife got pregnant during divorce by someone and they say I'm responsible.

Not my Kid. My wife's husband wants to adopt. That's what the hearing is about. I just can't get to San Diego. I am handicapped unemployed and homeless. I don't know what to do?

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Family Law Lawyer
  • New York, NY
  • Licensed in California

A: If you want to contest the requests made by the filing party, you should file your response in writing and appear at the hearing. Forms for filing a response are available at courts.ca.gov, as are instructions on how to serve the opposing party. Self help books are also available at local County Law libraries, which are free to the public. If the filing party is also seeking child support, you should respond to such a request as noted above. If you don't respond and fail to appear at the hearing, the judge may make a decision based on the evidence presented by the opposing party, which may not be in your favor especially if you don't present all evidence supporting your position. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Andy Chen
Andy Chen
Answered
  • Family Law Lawyer
  • Modesto, CA
  • Licensed in California

A: If you can't get to San Diego, you should at least file something with the court there indicating that you disagree the child is yours. If the husband wants to adopt great, but it is possible he might change his mind, etc. If that's the case, I can imagine the San Diego court deciding not only custody (which you don't care about), but also child support. I assume you would care very much that you not be ordered to pay child support on a child that isn't yours.

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