I need help filing a motion for a continuance in CA family Court. I believe the form is MC-030

Asked almost 2 years ago - Yuba City, CA

I was working in law enforcement until March. My child's mother falsely accused me of 273.5 PC and had her step dad's best friend arrest me. The report is completely falsified. I can't testify on my behalf in family court until the criminal matter is resolve. She is trying to move to TN with our child because her fiance lives this. I need help wording the motion to show good cause for a continuance. I don't think it guarantees me due process allowing her to even be heard for a move-away case while the criminal matter is pending, especially because I'm sure that I will win my case.

Attorney answers (2)

  1. Erik Wayland Newton

    Pro

    Contributor Level 7

    3

    Lawyers agree

    Answered . I agree with Shawn and would add that continuing a family law hearing can be as simple as contacting the Court Clerk's office. Your court likely has a self-help center that can assist you with this process as well.

    That said, hiring a local attorney is a good move here.

  2. Shawn Robert Bunyard

    Contributor Level 8

    Answered . Sounds like informing the court of your pending criminal matter and your 5th amendment right not to incriminate yourself is a good start.

    The MC-030 is, I believe, just a blank declaration.

    Requesting a continuance of what? A motion, or a trial? Continuing a motion is much easier than continuing a trial. If you are looking to continue a trial, you should seek the advice of a family law attorney in your area ASAP.

    The discussions above are for general information and DO NOT establish an attorney-client relationship. The... more

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