Why was my spouse awarded Sole Legal & Joint Custody of our 2 children? When I was served, spouse requested Joint Legal Custody?

Asked almost 2 years ago - Ventura, CA

I was served FL100 Petition of Marriage from spouse. On this form she requested Joint Legal Custody & Full Physical Custody.She moved out of our home & used funds from her trust to rent a new home.I responded & requested court fees be waived ($650) b/c I went thru savings paying mortgage, home bills, hotel costs living, etc. Court denied my request to waive fees, so I understand its as if I never responded.No other court dates were ever scheduled to attend & no additional filings were made other than initial FL100. 3 mos later I received a final judgment granting her SOLE Legal & Physical custody with 23% visitation to me. Can they grant her that without filing dads unfit parent, etc? We split custody 50/50 since separation and verbally agreed to 50/50 after divorce as well.

Attorney answers (3)

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    Answered . It would appear on first glance that your due process rights have been violated since your parental right to joint legal custody was taken away from you when they granted “sole” legal custody to your ex, but no one ever gave you notice of that consequence. I would recommend that you consult with an experienced local family law attorney to explore setting aside the default judgment on a constitutional basis. You did not mention when the default judgment was entered and there are time limits in filing motions to remedy the situation and you should not wait another minute. I also recommend contacting the ex and advising her of your intentions with a goal towards resolving it informally before motioning the court. . If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you and best of luck to you.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
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    Answered . Clearly other "papers" were filed, as there could not have been a judgment without facts (and filings with facts in them). As to your due process rights, you CHOSE not to appear. that said, legal custody has very little meaning and deprives you of no tangible thing whatsoever.

    And the bottom line answer is yes "they [can] grant her that without filing dad is unfit parent, etc.". The visitation time is about the child, and not fitness of either parent.. frankly if you wanted flexible coparenting you should have stuck with ADR and agreed on it all. now you have the wonderful opportunity to live your life with the nice judge in the mix, for possibly a decade or more.

    Who said divorce ain't fun?

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more
  3. Answered . I agree with the other two attorneys. Either your due process was violated or other legal papers were filed giving you notice.

    Maryam Atighechi is a family law, real estate and civil litigation attorney in Sherman Oaks, CA. 310-498-1057.... more

Related Topics

Child custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Legal custody

Legal custody of a child means that a parent has legal authority to make religious, medical, or other significant decisions that affect a child's upbringing.

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