Riverside, CA asked in Child Custody, Child Support and Family Law for California

Q: How do I respond to a request of child custody when my ex wrote some that are not exactly true?

2 Lawyer Answers
Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: You should have received a blank response form. If not, you can obtain one. Responding to the request is important. Writing a strong declaration opposing the request is important. If you have evidence, consider attaching exhibits to show the court. There are many ways to approach this. Most family law attorneys offer a free initial consultation, and you should consider taking advantage of it.

Andy Chen agrees with this answer

Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: I concur with Mr. Torri. Litigants say all sorts of crazy stuff in court, in family court especially. If your ex has said stuff that isn't true, you should respond to it and point out what you disagree with and, ideally, include evidence that proves your ex is wrong. If you don't point out what is wrong or what you disagree with, the judge may erroneously think that your ex is telling the truth and that you're okay with what your ex is saying.

If you look in the upper right hand corner of the papers you got, you should see a form number (e.g. FL-300). If you do indeed have the FL-300, the response form is the FL-320. The FL-320 can be downloaded as a PDF by just googling it. You should file and serve your FL-320 the required time before the hearing. This is usually 9 court days, but the only way to be absolutely sure is to find a family law lawyer for a face-to-face consult.

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