If you and the other parent of your child are in the process of getting a divorce or legal separation, or your ex-spouse wishes to change your existing custody agreement, you may be served with child custody paperwork. It is critical to take these legal documents seriously. If you do not respond within 30 days, the proposed custody arrangement may be approved by the court without your input and go into immediate effect.
What Is the Petition for Custody and Support?
In California, if a child has at least two legal parents, one of the parents can file a motion to request the legal right to care and support the child. This motion is called the Petition for Custody and Support (Form FL-260). It has the power to result in a court order granting one parent custody, visitation and child support.
Once the petition is filed by one parent, the other parent legally must be served with the paperwork, meaning receive a certified copy in person. The petition will show what the requesting parent (the Petitioner) wants the court to decide in terms of parenting time and child support. The Respondent then has 30 days to respond.
What Happens if You Ignore the Child Custody Petition?
If you are served with child custody papers in California, it is important not to dismiss them. Failing to respond does not mean the issue will go away or your co-parent cannot proceed with the case.
If you ignore the papers and do not respond within your 30-day window, the case will go to court without your input. Failing to respond is the same as stating that you agree with what the Petitioner has asked for.
If you do not respond, you will lose your chance to argue against the proposed child custody and child support plan. Without an official response, a family law judge can sign off on the parenting plan that your ex-spouse created. This is known as a default judgment.
How to Respond to Child Custody Papers in California
If you receive child custody papers and do not agree with the plan that the Petitioner has requested, you must respond by filing a Response (Form FL-270) in the family law court in the county where the original petition was filed. There are a few ways to respond:
- File an answer with the court. If you disagree with any aspect of the Proposed Judgment, you must file an official Answer to Complaint with the family court. This form will be included with your Summons and Complaint.
- Sign a stipulation. You may use the Stipulation to Establish or Modify Child Support Order (Form FL-350) to respond and establish child support, medical support for the child and parentage.
- Genetic testing. If you wish to contest the child custody documents because you do not believe you are the biological parent of the child, you can contact your local county child support agency to arrange the genetic testing process.
- Come to a written agreement. If you and the other parent have created a written child custody and support agreement, you may choose not to respond and instead opt for a “default with an agreement.” The court will make a decision based on the information submitted by the Petitioner.
Why You Need a Child Custody Lawyer
When it comes to matters of child custody, ensuring the best outcome for your child is the most important thing you need to do. While it might seem straightforward to manage on your own, a child custody lawyer can provide crucial assistance. Here’s why having a lawyer by your side matters, especially for custody papers.
Help Preparing and Filing Responses to Custody Papers
One crucial reason to hire a child custody lawyer is to help with the preparation and filing of any necessary response to custody papers. These documents are essential, as they officially set the terms for how you will share responsibilities and rights regarding your child. A lawyer will ensure that these papers accurately reflect your intentions and protect your interests. They can help prevent mistakes that could lead to misunderstandings or disputes later on.
Knowledge of Child Custody Laws
Child custody laws vary from state to state, making it essential to have a lawyer who is well-versed in the specific regulations and guidelines of your jurisdiction. They can help you understand your rights as a parent and ensure that your best interests are protected throughout the process. This knowledge also allows them to anticipate any potential challenges or obstacles that may arise and provide strategic solutions.
Avoid Missing Important Deadlines
Forgetting to respond to legal documents can have serious consequences in a custody case. A child custody lawyer keeps track of all deadlines and ensures that you don’t miss any important ones. This attention to timing is critical, as missing a deadline can impact the court’s decision in a way that negatively affects you and your child.
Mediation and Negotiation Skills
Child custody cases often involve high emotions and contentious discussions between parents. Having a child custody lawyer by your side means having someone who can mediate and negotiate on your behalf. They can help facilitate productive communication between you and the other party, reducing conflict and creating a more amicable resolution for everyone involved.
Courtroom Representation
In the event that your child custody case goes to court, having a lawyer represent you can be crucial. They will present your case and arguments in a professional and convincing manner, increasing the chances of a positive outcome. Additionally, they will have a deep understanding of courtroom procedures and can navigate the legal system effectively to advocate for your interests.
Emotional Support
Going through a child custody battle can be emotionally draining, and having a lawyer by your side can provide much-needed support and reassurance. They have experience handling similar cases and understand the high stakes involved. Your lawyer can offer guidance and advice while also lending a sympathetic ear during this challenging time.
Dealing with the complexities of child custody cases is not an easy task, but with the help of a skilled and experienced lawyer, you can navigate the process more smoothly.
No matter which option you choose, you can benefit from hiring a San Diego child custody lawyer to help you issue a timely response and protect your parental rights. A lawyer can ensure you meet the deadline to respond and provide legal support and representation throughout your custody case.
