Q: My EX has filed Change for child custody, child support and visitation. I was never served properly.
she claimed I never gave her my address (I DID) and knows were I live she never properly served me just sent me a screen shot of when the mediation and court is.
Do I need to be properly served? What Paperwork do I need to submit into the courthouse?
(Example FL-150 Income and Expense Declaration)
she doesn't allow me to see the kids and I have stated making police reports prior to her filling paperwork. Should I file a MC-030?
A: Please reach out to one of the family law attorneys to over the details of your case. Request for order needs to be served properly and you should be provided with all necessary forms to provide your answer to the opposing party and the courts.
A: Yes, you do need to be properly served. If you moved you are required to file and serve a notice of change of address of record with the court (and serve it on the other parent). Although you may not have been properly served, do you really want to risk not participating in the mediation or the upcoming hearing? As far as what paperwork you need to submit, without seeing the motion itself, it's impossible to say what you need to do. At the very least, you need to file a Responsive Declaration to the Request for Order and if child support is at issue, yes you need an FL150. Again, however, to get a more complete response to this question, you should consult with an attorney directly and let them see the motion that was filed by the other parent. You may need to file additional documents and/or evidence.
In California, you are required to be properly served with legal papers, including a petition for a change in child custody, support, and visitation. This means that the papers must be delivered to you in a specific way, such as by a process server or by certified mail with return receipt requested, and you must sign a form acknowledging that you received them. If you were not properly served, the court may not be able to proceed with the case until you are properly served.
If you were not properly served, you may need to file a motion to quash service of summons with the court. This is a legal document that asks the court to invalidate the service of the summons because it was not properly served. You may also need to provide evidence that you did, in fact, provide your address to your ex-spouse.
If you were not properly served, you may not be aware of the specific changes your ex-spouse is seeking. Therefore, you may need to file a response to the petition for the change in child custody, support, and visitation. This is a legal document that allows you to respond to the changes being requested and explain your position on the issues.
In terms of the specific forms you may need to submit, it would be best to consult with a family law attorney or a legal aid organization to ensure you are filling out the correct forms for your specific situation. The FL-150 Income and Expense Declaration is typically used to provide financial information to the court, but there may be other forms that are necessary for your case.
If your ex-spouse is not allowing you to see your children, you may want to file a motion for an emergency custody order or a temporary restraining order. The MC-030 is a form used to request a protective order, which may not be applicable in this situation. It would be best to consult with an attorney or legal aid organization to determine the appropriate forms to file in your case.
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