Legal Question in Family Law in California

The judge in my paternity case ordered a DNA at DCSS on # 11 14 at my request because the mother denies I am the father which I m 99% sure I am. I am the petitioner. I opened the case at DCSS on March 18. I did not do it earlier because I was getting conflicting info on how to do so and I was ill. I received a copy of a fax the respondents attorney sent to the judge just today asking for the DNA to be done at an independent lab because there was no open case with DCSS at the time the attorney checked, but again, now there is. My questions is this: I was informed that Ex Parte is not permitted by either party and to inform DCSS of this and let them handle it. Is this good advice and is it true that Ex Parte is not allowed by either party? I have read that it is allowed if I am notified that a communication was indeed sent to the judge so I am confused? So should I send my response to the judge that indeed there is at this time a open case with DCSS? or should I not? Also, in this letter to the judge, it stated that the mother does not want or need an open case with DCSS. It seems like they on the defensive.

Asked on 3/22/14, 2:28 pm

Zadik Shapiro Law Offices of C. Zadik Shapiro

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Send a FAX to the judge with an attachment showing that you opened the case. CC a copy of the FAX to opposing counsel.

Answered on 3/23/14, 11:55 am

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