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  1. #1
    Join Date
    Nov 2009
    Posts
    14

    Default What if a Response to a Motion is Not Filed

    My question involves a child custody case from the State of: California

    I am assisting a friend (the Father) in a custody case. Initial custody was decided by the courts just under a year ago. He filed to have a new custody hearing and as of yet the Mother has not yet filed a response (FL-320). The initial hearing is set for Nov 13, 2009, and the statement on the bottom of his motion (FL-300) states "In the absence of an order shortening time, the original of the responsive declaration must be filed with the court and a copy served on the other party at least 9 court days before the hearing date. Add five calendar days if you serve by mail within California." Today he was served by mail with "substitution of attorney - civil" but no response with it. Does the court now have to grant his request due to the lack of response, or can they still give her a chance to argue her case if she does not respond or responds at the last minute?

    Thank You

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: What if a Response to a Motion is Not Filed

    No, the court can still hear evidence and will rule based upon the best interest of the children.

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