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.
2 Answers from Attorneys
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.
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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