Asked in Family Law and Child Custody for California

Q: What happens when a respondent files the wrong forms?

On 12/19/2018 I filed a Petition for Custody and Support of Minor Child. I served my ex on that date as well. On 01/22/2019 I filed a Request to enter Default since he had not responded. I found out my request was rejected because he filed:

01/22/2019 Order - Financial Information (FAM 111)

01/22/2019 Response - Dissolution, Nullity, Legal Separation

Filed by Respondent

We were never married. So I don't understand what this means. Did he file the wrong forms, if so what happens now? Do I get hearing now or do I have to file more forms?

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1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
  • Divorce Lawyer
  • Brooklyn, NY
  • Licensed in California

A: You may be best served by seeking self-help resources to guide you through the legal process, which are available on the CA courts website or at your local law library, if you cannot afford an attorney. It sounds like both of you may be confused as to how to proceed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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