If you havent made it to the courthouse yet to file your papers for child custody but your ex who doesnt live with you files his own papers for child custody with the courts before you were able to get yours filed can you still file your papers or do you to file other papers that is in response to the papers he filed already? And can you file papers with the courts if your state id is expired. Im a low income mother of 3 little girls and very limited to funds and transportation so sometimes things are a challenge in my situation as a mother of a 4 month old a 3 year old and a 4 year old.
If you've been served with a motion or petition for custody, you can file a response on your own. There's no particular advantage to filing the initial petition versus filing a response; both parents have the same rights either way, for the most part. There are detailed complex procedural objection that we can't get into in this little space - what matters is that, if you've been served with a motion, you must file a response within 30 days of the date you were served. If you don't, your co-parent can go back after that 30 days and ask the court for a 'default judgment,' granting them all the relief that was requested in the petition. Filing your own petition under a separate case number does not count. So you should be sure to attend this promptly. Having an expired ID should not prevent you from filing a response. But you will need to be able to go to the courthouse to deal with this - fairly frequently, if you insist upon representing yourself.
Please read the following notice: Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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