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Brookelynn's Mommy 1 child; California 1385 posts
8th Mar '13

Hey, I live in Cali also and my divorce was just finalized January 25. I also got divorced through default and always was granted legal custody, physical custody, and no visitation to him. I do not think that it terminates his parental rights at all. At any time he can petition the court to change the visitation or the custody. As far as child support goes, I was not awarded any child support so I am going through DCSS and hopefully something will come out of it then. Let me know if you have any questions or anything.

Two Princesses 2 kids; San Pedro, CA, United States 7196 posts
9th Mar '13
Quoting Brookelynn's Mommy:" Hey, I live in Cali also and my divorce was just finalized January 25. I also got divorced through default ... [snip!] ... so I am going through DCSS and hopefully something will come out of it then. Let me know if you have any questions or anything."



Thank you so much. That's pretty much whatI thought, and with regards to child support I'll do what you are doing. Didn't bother adressing the issue of child support when I filed for divorce because he was in jail and homeless when not in jail at the time I filed.
I turned in my judgement packet on February 25 and am currently awaiting the default clerk's decision through the mail. About how long after you did that last step did it take for you to get the final decision in the mail?
II'm having some anxiety that since I never changed my address with the court that will somehow be a problem, even though when I submited the judgement packet I had to provide two self addressed envelopes with postage. So hoping the clerk just mails it to the addresses I provided for him and I without making my old address an issue.
but besides all that, hoping it goes through like yours did since he was served April 5, 2012 and never responded.

Brookelynn's Mommy 1 child; California 1385 posts
9th Mar '13
Quoting Two Princesses:" Thank you so much. That's pretty much whatI thought, and with regards to child support I'll do what ... [snip!] ... an issue. but besides all that, hoping it goes through like yours did since he was served April 5, 2012 and never responded."


I started my case in early June, he was served the end of July I think, and then I filed judgement papers Oct. 25 and then received my papers back like Dec. 28. You may want to check on your papers. I think that after you start the case, it only stays open for so long. Did you ever have a court date set up? I know that after I filed my initial papers to start the case, I received papers in the mail for a court date, so I went and it was pretty much a meeting with the family facilitator to see how the case was going on. They then set up another cout date to see how it was going to make sure that it was still going on. With not changing your address, you may not have been receiving papers from the courts about hearing dates, etc.

Two Princesses 2 kids; San Pedro, CA, United States 7196 posts
9th Mar '13
Quoting Brookelynn's Mommy:" I started my case in early June, he was served the end of July I think, and then I filed judgement papers ... [snip!] ... going on. With not changing your address, you may not have been receiving papers from the courts about hearing dates, etc."


I filed April 3, 2012 and he was served April 5.
There was a court date for October 5 which both of us missed.
However I was told by the court that I had 5 years from the date I filed to go forward with the case and that I could submit the judgement packet even though no one showed up.
Then when I turned the judgement packet in, I was told it was going to the default clerk and the fact that he never showed up to court was good because I took action following that and he didn't making my case "True Default".
Online my case is listed as "Pending", with no future hearings scheduled. From what I understand the clerk will stamp the papers as final and send a copy to each of us.
I sure hope so anyway.

♥MOBAS♥ 2 kids; 1 angel baby; California 7198 posts
9th Mar '13
Quoting .:Mini.Me:.:" It doesn't sound like he'll have any parental rights.. and he should still have to pay child support if you file for it"


:!:

Brookelynn's Mommy 1 child; California 1385 posts
9th Mar '13
Quoting Two Princesses:" I filed April 3, 2012 and he was served April 5. There was a court date for October 5 which both of ... [snip!] ... From what I understand the clerk will stamp the papers as final and send a copy to each of us. I sure hope so anyway."


Oh okay then, if that is what they told you then great. You should get them back in a month or two. With mine, it was 6 months after the day that he was served that it was completely finalized, so hopefully when you get your papers, you do not have to wait any longer and it is already final.

Two Princesses 2 kids; San Pedro, CA, United States 7196 posts
9th Mar '13
Quoting Brookelynn's Mommy:" Oh okay then, if that is what they told you then great. You should get them back in a month or two. ... [snip!] ... it was completely finalized, so hopefully when you get your papers, you do not have to wait any longer and it is already final."



Mine probably would have been final in 6 months as well because that is the waiting period in CA, but I had a lot going on and I guess he did too so we both missed the court date.
I was told since it's been longer than 6 months since he was served there should be no hold up there.
Please hope for me lol.

Lorelei's Mommy ♥ 1 child; Scotts Valley, CA, United States 1463 posts
9th Mar '13

what other parental rights could he have?
All there is is physical or legal. and you said you'd get them both.



Even if he signed his rights over, most states will still require that he pay child support.

Two Princesses 2 kids; San Pedro, CA, United States 7196 posts
10th Mar '13
Quoting Lorelei's Mommy ♥:" what other parental rights could he have? All there is is physical or legal. and you said you'd get them ... [snip!] ... and you said you'd get them both. Even if he signed his rights over, most states will still require that he pay child support."


Oh ok.
I guess I just meant did he have the right to contest it someday if he did get his life together. Which I guess he does but he never will I don't think.

Lorelei's Mommy ♥ 1 child; Scotts Valley, CA, United States 1463 posts
10th Mar '13
Quoting Two Princesses:" Oh ok. I guess I just meant did he have the right to contest it someday if he did get his life together. Which I guess he does but he never will I don't think."

oh, im not sure. im sure anyone could but probably depending on the judge and situation.