Fontana, CA asked in Child Custody for California

Q: What can happen if i dont file my respondent paperwork on time, already went to mediation , she wants to see judge?

She wants full custody and allowing me every other weekend, but at the moment i have 60% custody, the mediator told her she can't support that , and will not support that! So instead of coming to an agreement , she wants to go in front of the judge. Just worried, do i automatically lose by not filling respondent paperwork

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1 Lawyer Answer

Martha Bronson

Answered
  • Tracy, CA
  • Licensed in California

A: You could be prohibited from being heard by the court if you do not file your responsive papers timely. However, many courts will not impose such a harsh penalty and will allow you to file your papers late and be heard at the hearing. It is within the court's discretion to decide what remedy it will impose when a party fails to file on time. If there is no prejudice to the moving party then chances are the court will permit the late filed response and permit you to be heard.

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