Mission Viejo, CA asked in Family Law and Child Custody for California

Q: I was serverd with a RFO for custody modification. I was planning on my own RFO.

May I file my own RFO and attach it to my existing court date? I already filed my response in California.

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Each separately filed Request for Order is assigned its own hearing date. You could file your RFO and then ask, after the fact, that the two dates be consolidated. But why bother? If your RFO is for the same thing - modification of custody, indicate what you want in your responsive declaration to the other party's RFO.

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, it is possible to file your own Request for Order (RFO) for custody modification in California and attach it to your existing court date. However, you will need to make sure that you follow the court's rules and procedures for filing an RFO, including serving a copy of your RFO on the other party and filing proof of service with the court.

In addition, you should be aware that the court may not allow you to modify the custody order at the same hearing date as the other party's RFO, depending on the complexity of the issues involved and the court's schedule. Therefore, it may be a good idea to consult with an attorney or a family law facilitator to discuss the best approach for filing your own RFO and ensuring that your rights and interests are protected in the custody modification process.

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