Legal Question in Family Law in California

responding to an OSC order

Hi,

I was called on 4/1/02 at 3:00PM from an attorney saying that I need to be in court the following day at 1:30PM for an ex-parte hearing regarding child custody. I was then served, at court, the OSC. The judge ordered that we both go to mediation the following Tuesday. We came up with an agreement that is definately not what I want for the permanent arrangement. It gives us both 50/50 custody of our son, which the father works at all hours of the day and our son would be in the care of his mother instead of mine. We now have a court hearing on 4/16/02 and I am concerned that I didn't file something that I needed to.

Do I need to file a response to anything? I don't have an attorney to represent me due to financial hardship, so any help would be greatly appreciated.


Asked on 4/12/02, 11:56 am

1 Answer from Attorneys
Edward Lindley Edward Lindley, Attorney at Law

Re: responding to an OSC order

Yes, if you wish the court to hear your position, you need to file a RESPONSIVE DECLARATION. The deadline will be stated on the ORDER TO SHOW CAUSE form (the one that tells you when you are to be in court). Look where it refers to ORDER SHORTENING TIME and you may have less that the usual number of days before the hearing to "file and serve" your Resp.Dec (NORMALLY 21 DAYS). Additionally, since you DID NOT share with us what documents you were served with (we then have to guess), if money issues (ie.support) are being addressed (as would normally be the case where there is a timeshare change contemplated), you need to file an INCOME AND EXPENSE DECLARATION as he woulD have done.

ADDITIONALLY YOU HAD THE OPPORTUNITY TO FILE A COMPANION MATTER FOR ISSUES YOU WISH THE COURT TO CONSIDER.

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Answered on 4/12/02, 4:54 pm


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