How can I finish my child custody case?

QUESTION: I have opened a child custody case against my son’s father. He is an illegal immigrant and currently homeless or in Mexico for all I know and I haven't heard from him in 2 years. I received full physical and legal custody and he didn't show up to court so I have a true default and have to finish it off. I am looking out for the safety or my son and I don't care at all about child support. I just want it so later down the road if he chooses to come and make excuses as to why he didn't show up to court, he can't, and I don't want him in my son's life because I feel that my son will succeed in life without a missing father to drag him down. How can I finish my child custody case?

ANSWER: Just because the father didn't show up at your last custody hearing doesn't mean that he is in "default".

You haven't provided enough detail for me to do an in-depth analysis, but I surmise that you have filed a Paternity (Uniform Parentage Act) case, that you had the father served, and that you filed and served an Order to Show Cause ["OSC"] for temporary custody pending trial, and received a temporary Child Custody Order after the father failed to show up at the hearing (and likely failed to file a Responsive Declaration to your OSC).

If that is the case, your next step would depend upon whether the father filed and served a FL-220 Response to Petition to Establish Parental Relationship. If he did, you need to file and serve by mail on his last known address whatever request to set for trial that your county requires (in Los Angeles County, that form is a FAM 014 form, REQUEST FOR TRIAL SETTING FAMILY LAW).

If the father didn't file a FL-220 Response, you should file and serve by mail on his last known address a FL-165 REQUEST TO ENTER DEFAULT, along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of the document when the Court enters his default.

Once you have received the Request to Enter Default back from the Court, reflecting that the father's Default was entered, you should file a REQUEST FOR DEFAULT SETTING, or whatever similar document that your county requires (in Los Angeles County, that form is a FAM 031 form, REQUEST FOR DEFAULT SETTING), along with a photocopy of it and a self-addressed stamped envelope for the clerk to use to return a conformed copy of that document, advising you of the date, time and place of the default hearing. Show up at the default hearing prepared to present and argue your case to the judicial officer.

Note that you cannot serve documents yourself, so anything that you need to have served on the father should be served by somebody else over the age of 18, who should sign the appropriate Proof of Service, to be attached to the respective document that you file with the Court.

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