Legal Question in Family Law in California

I am in the state of CA. I have dotted all my I's and crossed all my T's for serving my ex the child custody- Motion to show cause and Declarations. And have given him more than plenty of time to respond. I didn't hear from his lawyer for quite some time and I flat out asked my ex if he was still going to have his attorney on this case. He stated he didn't know and was deciding. But he stated when he would, he would forward everything to his attorney.

Now, his attorney did finally intervene and stating that I didn't serve him properly. I even sent him a courtesy of all papers served to my ex. And the hearing is still 3 weeks away. He is threatening to get the hearing cont. based on that I didn't serve him (the attorney). And that I didn't give the attorney enough time. Is this true? And if I do have to serve the attorney to be legit where does it say in the CCP? And what code is it?

Thank you for your help in advance,

Anjali


Asked on 5/12/11, 10:44 pm

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

It depends on whether the attorney has appeared as attorney of record. "Except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, shall be filed with the clerk or judgme, and copies thereof served upon the adverse party or his or her attorney." (Code of Civ. Proc., sect. 465.)

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Answered on 5/13/11, 8:31 am


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