Legal Question in Family Law in California

Re: Can a lawyer do that?

Yep. Your declaration is "evidence" and evidence is subject to the CA Evidence Code, e.g., hearsay objections, ad nauseum, although in family court, sometimes the courts utilize wide discretion in this arena. In simplest terms, in my personal opinion, law has two parts: 1) the facts of a case; 2) the procedural law, e.g., How something gets into court/timing/evidence. Kinda like a chess game. Kinda like a different language. That's the card that lawyer played, it sounds like. If you don't know the rules of the game/or the language...you are at a distinct disadvantage. My suggestion is to hire a lawyer. Custody is one of the two most hotly litigated issues that I believe require a lawyer (property/assets being the second). Feel free to go to www.the-divorce.com or contact me if you need further information.

Re: Can a lawyer do that?

in a nutshell, declarations are basically considered arguments by either side filed with the court, nothing more nothing less. each party may attack the other's declarations in the same way it can with testimony more or less. so, what your ex's attorney did was permissible, but on the same token, you are entitled to do the same. Bottomline, you should probably retain an attorney to either represent you or guide you thru these VERY important custody issues so you do not lose your rights based on misinformation or procedural miscues and "errors". if you would like further assistance, contact us today.

Re: Can a lawyer do that?

There are procedural matters with which you should be well acquainted if you intend to represent yourself. This short question/answer will not be adequate to sufficiently prepare you.

Because this matter concerns the custody of your child in addition to the fact that your ex considered it important enough to hire an attorney, the most prudent course of action for you at this juncture would be to have an attorney represent you.

In any event, your declaration is just that - a declaration which you are asking the court to consider as evidence. If you are the moving party in this action then you have a right to reply to your ex's response. You should do so!

Regards,

Damian M. Nolan