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?

Related Topics:
1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Divorce Lawyer
  • San Francisco, CA
  • 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, www.AliEsq.com. 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.