My minor child's father filed for custody on (07/15/13). It said I have 20days to respond on the document. However, from the date above until (09/03/13) when I checked clark county courts website the documents showed as unserved. I now have a temporary protection order(for my minor child and I) which was granted and served to my child's father as of (09/09/13). Which he has violated several times! He was served in the family court office when he went down to report serving me with the custody papers on (09/02/13). The website now reads I was served (09/02/13) and it also has the word Default under it. My question to you is are the papers still valid being nearly served 2months after the date on the documents I have. Also can you please look online at my case and explain to me what the Default means? I have to go to court to extend my protection order on (10/01/13) and I am very confused. My case number is as follows: D-13-482680-C
Family Law Attorney
One his papers are still valid if you did not file for divorce and a default means you never answered his papers. Did you default him? Do not expect the court to put together the two files until it is brought to their attention. I recommend hiring an attorney.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
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Family Law Attorney
Something is missing -- you know he filed for custody on 7/15/13, and you have seen those papers because you know you had only 20 days to respond. Yet you do not believe you were served? That makes no sense. It sounds like he is claiming you were served (he just may not have filed in his actual proof of service until later) and now has taken your default. If a default has been entered against you, then you need to immediately file a motion to have that set aside so you can respond to his custody papers and proceed in normal course. Do not ignore his custody case and think your TPO will override it -- the TPO is only temporary, even if you are successful in having it extended. As to his violations of the TPO, make sure you report each and every one to the police. They may not do anything about a few minor violations here and there, but they will do something if they have formal reports of repeated violations. Ultimately you really need to go sit down with an attorney for a consultation to understand how all of this works, and what you should be doing in going forward.
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