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Family Law

Brentwood, CA |

The Judge stated dad needs to file a motion to prove why I should not have my visits modified since he disagrees to my visit modification request. We both dropped our lawyers and are in pro per. How long do I wait for him to file? What if he never files? We are off calendar until then. What is this judge plans for us if he never files or if I file.

Attorney Answers 3

Posted

Do not continue wait for him to reset your motion date, you should refile your motion to avoid delay.

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Asker

Posted

Exactly! So we went to court Feb 7th, 2014, should I give him until March 7, 2014 to file? If not I am filing anyways on March 7,2014.

Posted

I'm not sure what the Judge meant as it seems that you should be the one filing the motion. And he should respond with why he disagrees. You should seek the advice of an experience family law attorney in your area to clarify this.

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Asker

Posted

He filed the day of our sort date, and it was deemed late! So now he has to refile as to why he disagrees. Confusing!

Debra Vaniman Crawford

Debra Vaniman Crawford

Posted

Okay. Did they continue the court date?

Asker

Posted

Not until he files!

Posted

I agree with attorney Kitta -- you should file and seek the modification. You might consider purchasing a copy of the Court Reporters Transcript to sort out what the Judge said. If the Judge said anything that helps your case, showing the Judge his/her own prior words can be very useful.

As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to form one.

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