Legal Question in Appeals and Writs in California

Writ

I just found out that my ex is doing a

writ to get physical custody back of

our children from me. How long does

the writ process take?, and what are

the chances of her winning custody

back through a writ?. I don't want to

loose physical custody of my kids,

they are better living with me than

with her. Please help!. What should I

do to prepare myself to defend

myself?. Right now I can't afford an

attorney to help me through the

whole thing.


Asked on 6/09/09, 3:05 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Writ

I don't know what you mean by "doing a writ." If by that you mean she is filing writ papers with an appellate court to attempt to overturn a ruling at the trial court level, you do not need to do anything unless the appellate court asks you for a response.

If you do need an attorney, keep calling attorneys and obtaining estimates. Do not just sit there and assume you cannot afford an attorney without actually calling several.

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Answered on 6/09/09, 3:25 pm
Herb Fox Law Office of Herb Fox

Re: Writ

While there are no guarantees, you need not worry too much. Writ petitions - especially those seeking to change a custody order - are notoriously difficult to win. And you need not respond to the initial Petition unless and until the Court of Appeal asks for a response.

I am a certified appellate law specialist with over 20 years of experience in family law appeals. Please contact my office if you would like to discuss your case further.

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Answered on 6/09/09, 3:30 pm


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