Q: filed RFO 2 Modify custody, mediation date given.Ex filed RFO affter,How many days b4 mediation do papers have 2 b serve
When I filed RFO I had to send blank response for her. There were none for me.I was expecting the response papers not a RFO in return. I am confused. Can I change what I requested in my original RFO?
A: The deadline for service of a Request for Order is 16 court days (plus 5 calendar days for service by USPS) prior to the hearing date on that Request for Order. The service deadline is not related to the date of your mediation. The fact that she failed to serve you with a blank Responsive Declaration doesn't invalidate her motion. She must still file a Responsive Declaration to your motion and you still have to file a Responsive Declaration to her motion.
A:
In California, you typically need to serve RFO (Request for Order) paperwork at least 16 court days before the mediation date, not counting the day of service or the day of mediation. Weekend days and court holidays don't count in this calculation.
When your ex filed their own RFO after yours, they created two separate requests that will likely be addressed during the same mediation session. This is actually common and can be efficient since both parents' concerns can be discussed together. You don't need to file response papers to their RFO unless you want to formally object to specific requests they made.
Yes, you can modify your original RFO requests before the mediation date, but you'll need to file amended paperwork with the court and serve your ex with these changes, following the same 16-court-day requirement. If you're close to your mediation date, you might want to bring up any desired changes during mediation instead, as the mediator can help you and your ex work through modified requests together.
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