Legal Question in Family Law in California
modification of child custody, support, visitation
I recently served my ex with an Order to show cause, we are both in pro per. We went to court and the judge made his order. I recieved the minutes to type up the Findins and Orders after hearing and typed up everything. One statement was not on the minutes however I spoke with the law facilitator and he said as long as it was stated in the court proceedings I could put it on the form. My questions is, I gave the forms to my ex for him to review and sign, so I could have the judge sign so they can be filed. He is refusing to sign the FL-340 now. What do I do now?
1 Answer from Attorneys
Re: modification of child custody, support, visitation
Submit your proposed order to the judge. Attach a letter to the judge stating that you prepared the order and he refuses to approve the form and content of the order. In this letter state that you are mailing a copy of this letter and the proposed order to him. Then mail the letter to him and submitt the proposed order and letter to the court. Most courts have a local rule that in circumstances such as this the court will review your proposed order and the minute order, the clerks notes on the calendar as to the courts order. If a portion of the order is not included in the clerk's notes, you should obtain a transcript of the courts order from the court reporter. Submitt a copy of the transcript with your proposed order.
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