If my husband submitted the divorce in his state and I live in another, how do I respond to make sure that I keep custody?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband submitted the divorce in his state and I live in another, how do I respond to make sure that I keep custody?
My husband submited the divorce paper in the state in which he live; I live in another state. When I went to the court they basically said to let the divorce go into default because it doesn’t look like he is fighting for anything. We have nothing other than our children who live with me but on his paperwork he doesn’t state anything regarding custody. I don’t know how it works in his state when it comes to that I just want to make sure that I don’t end up loosing custody of my kids if I let it go into default.
Asked on June 25, 2012 under Family Law, California
Answers:
Brad Micklin / The Micklin Law Group
Answered 12 years ago | Contributor
I would never recommend allow a case to default without having in writing an agreement to your custody issues. Although the court staff may be trying to help you, they are not lawyers and cannot properly advise you. Although the divorce complaint may not specifically state what custody rights are being sought, the court will have to decide the issue if it is raised by your husband.
You should either reach a written agreement with your husband about custody or file papers so that you will be heard in court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.