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Can I ask for an extension on family court.

Merced, CA |

my ex served me last week for child custody court with an orientation date only. and a week later served me again, this time orientation, mediation and court all in same week.

Attorney Answers 3


  1. You must be served 16 court days prior to the court date. If you were served in a timely manner, you run the risk of being denied a continuance.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship


  2. You need to count backwards from the hearing date. She is required to serve you at least 16 COURT days before the hearing. Court days do not include weekends and holidays. You have to file and serve your Responsive Declaration 9 COURT days before the hearing. Also, check the upper right hand corner to see what date the court stamped it. If there is a long delay between that date and the date she served you, then I would recommend hiring an experienced family law attorney to assist you in preparing for, or continuing the hearing. In the meantime, I am including some links below which may prove helpful. Good luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.


  3. There are limited reasons to request a continuance of a hearing. California Rules of Court 3.1332 provides that a party can make an ex parte motion for a continuance of a hearing when there are "excusable circumstances." There are a number of procedural requirements to making an ex parte motion. Often times, the family law clerk will have information packets on making an ex parte motion, including some optional forms that can be used. The librarians at your local law library can also be useful. If you are not able to learn how to proceed on your own, I recommend consulting an attorney. Often times, an attorney will provide limited scope representation for simple matters like preparing an ex parte motion for a continuance.

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