Legal Question in Family Law in California

I think the papers i was served for an order to show cause for child custody are filled out wrong. The papers state that I am the plaintiff and my childs mother is the respondent but she is the one who served me. Are they filed wrong? And if so how do i get the order dismissed?


Asked on 3/23/11, 9:58 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Determination of who is the petitioner or plaintiff and who is the respondent is not by motion, but rather who filed the original petition or complaint. If you filed the initial petition or complaint, you are referred to as the petitioner throughout the entire proceeding, regardless of who files a later Order to Show Cause or Motion.

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Answered on 3/23/11, 10:02 am


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