QUESTION: I have filed for full custody of my son. His father and I were never married. His father has been served in prison. I was advised by the legal help center at the courthouse that I am to come back in on the 31st day to receive a case summary and then proceed based on whether or not he responded. I just started a new job and will be unable to take days off in the near future to proceed. How much time after he responds or fails to respond do I have to continue the legal process? Do I have to go in on the 31st day or can I wait for a couple of months or so? Will anything happen if I wait?
MY RESPONSE: I trust that the service was done by somebody over the age of 18 other than you, since a party can't serve documents in his/her own case. If the service was improperly done, have service properly done ASAP. If the service was properly done, you should file the Proof of Service right away. If you can't do that yourself, have a friend do that, and have the friend bring an extra copy of the Proof of Service for the court clerk to conform and return to your friend so that you can have a court-stamped copy of the Proof of Service. If the Respondent fails to respond to the Paternity papers served on him within 30 days of service, you should wait at least a week beyond those 30 days to make sure that he hasn't responded, due to potential mailing delays. However, you should not wait a couple of months before proceeding to request that the Court enter his default. Some courts dismiss cases where the Petitioner does not diligently proceed. If you can't personally file the request to enter default, have a friend file it for you and get a copy conformed by the clerk. You would best retain an experienced Family Law Attorney to represent you and handle your case, if you can afford to do so and/or borrow the funds to do so.
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