Stockton, CA asked in Child Custody and Family Law for California

Q: I just found out that the other parent filed for custody and court is in two days what should I do

What should I do because I was never served custody paperwork to respond

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you were not properly served with custody paperwork, you should act immediately to protect your rights. First, contact a family law attorney to get personalized legal advice. An attorney can help you understand your options and represent your interests in court.

Next, gather any evidence that you were not served properly, as California law requires proper service of custody papers for the proceedings to be valid. This could include statements from witnesses or documentation showing you were not at the location where the service allegedly occurred.

You should also prepare to attend the court hearing, even if you were not properly served. This shows the court that you are taking the matter seriously and are willing to participate in the process. At the hearing, explain to the judge that you were not served and present any evidence you have to support this claim.

The judge may then reschedule the hearing to ensure that you have enough time to prepare a response. It's important to use this time effectively to work with your attorney and develop a strong case for your custody rights.

Remember, in situations like these, time is of the essence. Acting quickly and with the guidance of a legal professional can make a significant difference in the outcome of your case.

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