Legal Question in Family Law in California

when you request to go to trial

My ex will not sign our settlement papers and I will request to go to trial at our next status conference hearing 2/9/09. My question is will I need to pay more court fees & file a form to go to trial and will my temporary order for custody and visitation remain until trial date? (Court is in Rancho Cucamonga). Does the judge then decide to sign settlement papers without his signature at trial? Our settlement papers are simple. Joint custody and he has physical custody and we split the cost of counseling for our daughter 50/50. They are standard and he had agreed to the terms in mediation. The judge added on the cost of counseling to be split but nothing else. He lives in Arizona and I live in California and our daughter is 17. My ex is not cooperating with anything but having my daughter attend counseling and my main concern is to have our daughter continue counseling. She went to live with her father almost two years ago when she stopped going to school and now she is angry with me. What can I expect in trail and what can I do to prepare other then copeis of emails and letters (with proof of service showing I requested information such as who is her dentist and when was her last appointment and how he has not responded


Asked on 12/02/08, 11:38 am

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: when you request to go to trial

Your temporary orders will likely stay in effect until the tril date. You need to file an at issue memorandum to get a trial date. As for the trial preparation, you really need to discuss it with an attorney in person.

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Answered on 12/06/08, 2:12 pm


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