Will my husband make a case if I file for default custody and dissolution of marriage motion? 3 Answers as of June 28, 2011

I filed for dissolution and custody and served my husband the papers on June 11th we have a osc hearing on July 11th will that hearing cause an issue with filing a motion for default I’m almost positive he wont be filing an answer. I'm just wondering if the hearing is on the 30th day if he will be able to make his case in court or is he still bound by the 30 days to file an answer?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The OSC and your husband's time to file and serve his Response to your Petition are two separate and unrelated matters. If your husband appears for the OSC, that will not affect the time for him to file and serve his Response, but until you file your Request to Enter Default, he could file his Response, even after 30 days have passed. There is no such thing asa "Motion for Default". You would best be served by retaining an experienced Family Law Attorney to represent you in your divorce.
Answer Applies to: California
Replied: 6/28/2011
Koch Laron Law
Koch Laron Law | Phillip Koch
depends on how you served him, some types of service extend the time to answer, also did you use a registered process server, etc.. because custody is such an important matter, I highly doubt the judge will issue a default order on 30th day anyway. I would show up, explain that your husband was served on June 11th, inform the court that no response has occurred and you plan on filing for a default motion, that way it gives the court an opportunity to receive notice on this and possibility set a deadline/parameters for you to follow. Once they do this, if your husband does not answer, you default motion will sail through.
Answer Applies to: California
Replied: 6/28/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Yes, your husband will be allowed to appear at the hearing. Family Law Judges are particularly lenient when it comes to orders concerning custody. If your husband appears it is likely that they will require him to file and serve a Response by a particular date.
Answer Applies to: California
Replied: 6/28/2011
Click to View More Answers: