What does it mean if the judge crosses off the petitioner’s name on a child custody form?

My spouse did not file a response to the divorce petition. I filed a request for default. On the custody form, I wrote both our names under physical and legal custody. The paperwork was all returned, accepted by the judge. The judge had crossed off the repondents name under legal and physical custody and stamped his name next to it.

Asked on January 16, 2013 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Given what you have written as to a default against your spouse and the crossing off of his name on the legal and physical custody of the minor children such means that your spouse has no legal or physical custody of the children. Only you do.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.