Can I ask for an extension on family court.

Asked about 2 years ago - 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. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

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    Answered . 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.

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  2. Nadine Marie Jett

    Contributor Level 16

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    Answered . 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

  3. Robert T Senh

    Contributor Level 7

    Answered . 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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