Legal Question in Family Law in California
everytime my wifes ex husband takes her to court over custody issues the judge does not let her talk. He has a lawyer so the judge always reads the paperwork they submitted and those are the only topics he covers. Her husband has called the police, child protection services on us but they have never found no wrong doing on our parts. He does not want to pay child support so he has been trying to find any way not to do it. He does not even see them. The last time he saw them before last week was 8 months ago, and he lives 20 minutes away. How can my wife file something to were the judge can also adress our concerns? The major one is him calling the cops for wellfare checks and then telling the kids that he supports everyone in the house even the kids that are not his, and he even goes as far as telling them that I beat their mother. Although I dont think they believe that it does affect them. He filed for an emergency hearing last week because she had his wages garnished for back child support and his profit sharing check was scheduled to be released to my wife this week, and even though the judge signed it, he got the judge to suspend the order. They are scheduled to go back june 3rd. Any help would be appreciated.
1 Answer from Attorneys
It sounds like the reason she is not being allowed to speak is because she is not filing papers, or what she is filing does not cover matters that the court can hear in a hearing that her ex files. The court only has so much hearing time for each matter, and the basic rule on motions is if it's not in the papers it doesn't exist. So if she wants to be heard, she needs to file appropriate papers and they need to be on the same subject as the motion her ex has filed. If she wants to bring something else up to the court, she has to file her own motion. The court is never going to listen to anything that the person who wants to talk hasn't filed papers about. That is basic civil procedure. And the papers have to provide facts and usually citations to laws and cases that show that the law says you should get what you want or the other side shouldn't get what they want. This is why people hire lawyers.
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