Spring Valley, CA asked in Child Custody and Family Law for California

Q: My sons father never served me back w/ a response to me wanting full custody. What does that mean for me? What do I do?

I served my sons father child custody and visitation on 2/22/2019. He never responded back to my summons. What does that mean for me? We just had our mediation appointment and we did not agree. He wants 50/50 and I want full physical custody. Does he have to serve me back? Or can he still get 50/50 without serving me back? Does it look better for me that he did not serve me back? He has the means to afford an attorney and now that we are going to court (we have to we are not married) he will be hiring an attorney now? Does that matter in him hiring an attorney if he did not serve me from the very beginning?

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1 Lawyer Answer
Andy Cook
Andy Cook
  • Divorce Lawyer
  • San Diego, CA
  • Licensed in California

A: The father is allowed to participate in the hearing regardless of whether he has filed a response or not. And he is free to hire an attorney at any time. The Court has to decide what "the best" interests are with respect to child custody and visitation.

It sounds like, however, that your hearing is for temporary custody orders only, pending final resolution of the case. If the father has not filed and served a response within the requisite 30 days, you can get a default judgment, which will affect how the judge decides the issue of "final custody".

For assistance with your case, call the Law Offices of Andy Cook @ 619-515-9900. If the father is getting an attorney, you probably need one too. An attorney is also important because you and he are so far apart on what you want for custody.

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