What to do if I filed a default for my divorce since my spouse didn’t respond but the court denied it since my kid’s home state is not the same as mine?

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What to do if I filed a default for my divorce since my spouse didn’t respond but the court denied it since my kid’s home state is not the same as mine?

Therefore, the court said that I can’t file for custody or visitation. So what do I do and what paperwork do I file?

Asked on July 7, 2015 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file for divorce but not custody and visitation.  That paperwork needs to be filed in the Family Court in the shome state of the children.  Or you can file all of it in the state in which your children and spouse reside.  The ability for the court to order the dovrce and custiody and support is called "jurisdiction" and residency of either party can be used to obtain same. I would seek consultation of an attorney.  Good luck.


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