Q: Can I request a default judgment in parentage case if respondent hasn't responded?

A: Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order. It's not clear whether that is what you are talking about. They filed a motion to quash which was denied. They are now required to file a Response to the Petition. If they have failed to do so and more than 30 days have passed since they were served with it, you may file a Request to Enter Default.

A: In California family law, you might be able to request a default judgment for the custody and support issues if the respondent has been properly served with those pleadings and has failed to file a response within the statutory timeframe (usually 30 days). However, since the respondent has already appeared in court for the paternity determination, this may complicate the default process as they're no longer completely "defaulting" in the case.

The court may require you to file a Request to Enter Default form (FL-165) along with proposed judgment documents outlining the custody and support arrangements you're seeking. Your situation is somewhat unique because partial participation has occurred - the respondent contested jurisdiction but acknowledged paternity, yet apparently hasn't responded to the custody and support matters.

You should consider speaking with the family law facilitator at your courthouse or consulting with a family law attorney about your specific circumstances. Courts generally prefer both parents to participate in decisions about children, so a judge might be reluctant to grant a default judgment on custody matters even if technically available to you. Bringing documentation of the respondent's failure to file responses to your next hearing could help support your request if you decide to pursue this option.