Legal Question in Family Law in California

My previous attorney had filed a Order to Show Cause back in April of 2009 to address family support, custody, visitation (have no legal or physical custody), which has been continued several times. The next hearing date is late October. Since the initial filing, several things have happened. I'm no longer represented by an attorney (ran out of money and other reasons) and an agreement was made between myself and my soon to be ex-wife for reunification/visitation with my son. The agreement gave her all the control, but I had to agree because there had been a 10 month gap (this is what happened: couple gets married, doesn't live happily ever after, has a child, attempts to stay together for the benefit of the child, talks of divorce comes up, finally gets to the stage of divorce, wife wants full custody of child, makes up false accusations of DV and evidence, gets restraining order, gets me arrested, DA brings up all sorts of charges, I prepare for trial, make last minute deal and get a mis-D conviction in DV).
She has recently stopped honoring the agreement, stopping my visitation once again. I'll have to request a child custody evaluation from the court. My question is, do I just show up to court on the next hearing date and make my requests directly to the judge or do I need to file paperwork, such as a declaration of recent events and what I'm asking of the court? (remember: original OSC already filed back in April) Do I need to refile a new OSC form?

Asked on 9/21/09, 4:18 pm

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If you have a hearing date you shouldn't need a new OSC form. A supplemental declaration of what has happeend since April is a good idea.

Answered on 9/21/09, 5:28 pm

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