I served my childs father custody and visitation paperwork (ORC) in Orange County Ca, he had 30 days to respond to the paperwork, He did not respond within the 30 days, will the court let him file after the 30 days? What happens if he fails to respond at all?
3 Answers from Attorneys
The court will let him respond unless and until you file a request to enter default. Until he files a response or you take his default the court will do nothing about the case, except possibly eventually issue you a notice that the case will be dismissed if you do not do something.
Until you file proof of service and a request to enter default, your husband will be able to file a response to your petition. It is usually easier to litigate the case through responsive pleadings than by default proceedings. The court (especially Orange County) prefers to have both parties before them before issuing any orders. If you want the case to go forward, you will either have to take his default or approach him with a settlement proposal.
Did you serve him with financial disclosure documents ? Are there children and custody issues? Are you seeking support or division of property? Will he agree to any of the issues? You should seek assistance in the next steps to bring this matter to a judgment.
If you filed and served an "Order to Show Cause", he has up until 5 days before the court appearance to file a "Responsive Declaration." If he doesn't file anything, but shows up at court at the time of the hearing with documents to be filed, or if he testifies as to something that is surprising, then ask for a continuance to give him time to file paperwork, so that you can do some discovery.
If you filed a "Petition for Dissolution," then he has 30 days to file a "Response." If he doesn't file a response, then you can file a Request for Default.
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