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?

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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 9 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.


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