Newsome

In this dissolution of marriage proceeding, Grenda L. Newsome appeals from an August 12, 1997, order denying her motion to set aside an order and judgment awarding custody of the parties’ four minor children to Otis W. Newsome. She contends (1) the trial court erred in failing to set aside the custody provisions of an interim order and the judgment as void for lack of subject matter jurisdiction, and (2) in the alternative, the court abused its discretion in failing to set aside the default and default judgment under Code of Civil Procedure section 473 on the ground of excusable neglect.

Factual and Procedural Background

On August 16, 1996, Otis Newsome (plaintiff) filed a petition for dissolution of marriage seeking, inter alia, custody of the parties’ four minor *952 children. 1 According to the petition, the parties married in Texas in June 1973 and separated in March 1993. The parties lived in Texas from 1973 until 1989, when the family moved to California; Agnes was bom in August 1983; Otis was bom in January 1986; Vincent was bom in December 1987, and Alicia was bom in July 1990. In April 1993, the mother returned with all four children to Texas; plaintiff…