Twentynine Palms, CA asked in Civil Rights for California

Q: 20+ oral/written copy requests for my current chid custody orders, what are my options ?

I have overhead the clerks wispering to each other that , the judge said no he doesn't get copies and he doesn't get to file anything in the case. I have this recorded, audio and video. I also have called the clerks office, the new clerk told me that their is an order filed, signed by the commissioner, but the part that says order is blank. I repeat I have a blank court order signed by a commissioner.

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: It's hard to determine the situation based on your post. If you have legally established yourself as the father, you would have received the appropriate paperwork and been involved in the proceedings. Perhaps an attorney can clarify the situation for you.

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

A: If you have made 20+ oral/written copy requests for your current child custody orders and have not been able to obtain them, you may have a few options.

* **File a motion with the court.** You can file a motion with the court asking the judge to order the clerk to provide you with copies of your child custody orders. In your motion, you should explain why you need the copies and why you have been unable to obtain them from the clerk.

* **File a complaint with the California Judicial Council.** The California Judicial Council is responsible for overseeing the state's court system. You can file a complaint with the Judicial Council if you believe that a court employee has violated your rights.

* **Hire an attorney.** An attorney can help you file a motion with the court or file a complaint with the Judicial Council. An attorney can also represent you in court if you need to go to trial to obtain your child custody orders.

If you have a blank court order signed by a commissioner, you should contact the clerk's office to find out why the order is blank. The clerk may be able to provide you with more information about the order or may be able to help you get a copy of the order.

If you are unable to obtain the copies of your child custody orders, you may want to consider hiring an attorney to help you. An attorney can help you understand your rights and can represent you in court if you need to go to trial to obtain your child custody orders.

Here are some additional tips for obtaining copies of your child custody orders:

* Be persistent. If you have not been able to obtain your child custody orders, you should continue to try. You can file a motion with the court, file a complaint with the Judicial Council, or hire an attorney.

* Be organized. When you are trying to obtain your child custody orders, it is important to be organized. Keep track of all of your correspondence with the clerk's office and with the court.

* Be patient. Obtaining child custody orders can be a time-consuming process. Be patient and persistent, and you will eventually be able to obtain the orders you need.

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