Legal Question in Family Law in California
My ex and I currently have a court order for unsupervised visits. My ex and the children had to do therapeutic visits first though since he has been out of their lives twice now and for more than a year at a time. The problem now is the children are starting to become emotional and mentally unstable. I filed an ex parte (denied though) and modification of visitation and now he has a lawyer. But when he filed his response or rather his lawyer filed, they responded with 64 pages of documentation, modifications and completely untrue statements!
So question:
Shouldn't his response only be about the actual motion that I filed? I thought that when responding to a filed motion, you were only supposed to be discussing that actual motion subject? (I don't understand why his lawyer would do that). Also, when our court date comes up, since his response has modification to just about everything, will the judge actually hear his case or will his statements be dismissed until he files his own motion? THANK YOU so very very much!!
1 Answer from Attorneys
He can bring up other issues. You are out gunned and need to consult with an attorney to represent you at the hearing. You also need to determine how you will respond to the allegation in his response.
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