Legal Question in Family Law in California

If an order to show cause for a modification of custody and visitation has been filed, mediation and a hearing dates set, but I have not been served yet, can I go to the court and obtain a copy of the motion and declaration prior to service? I understand I must be served at least thirty days prior to mediation, I have talked to the opposing attorney and agreed to service by mail since this is an ongoing case and I am the custodial parent. However, if the motion is filed it would certainly be in my best interest to obtain their declaration as soon as possible and if I were them I'd wait as long as possible.


Asked on 5/20/11, 8:38 am

1 Answer from Attorneys

Yes, you are certainly free to go get a copy yourself and get started figuring out your response.

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Answered on 5/20/11, 10:39 am


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