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Is it too late to file my respond?

San Diego, CA |

Dad and I finalized child custody 3 months ago. His respond declaration filed in court were lies. I had an attorney at the time but he felt that it was not necessary to file the copy of my emails proving dad was lying. Plus we didn't have enough time to respond as we received dad's response day before our court date. Is it too late for me to file my respond just to get the documents/facts straight in court?

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Attorney answers 1


It appears that you are asking about a Responsive Declaration to a Request for Order. If you have a hearing before the judge coming up regarding the Request for Order you reference, then you can try to file your Responsive Declaration. IF it is not timely, some courts will accept it and some will not. If you have settled the issues however and will not have a hearing, then why would you file it? When people file documents with the court, the purpose is to communicate their position with the Judge so the judge has information to make a decision. If the judge isn't making the decision because you already settled, then what would be the purpose of filing your declaration? Judges only read documents from files where a hearing is pending or documents have been submitted for judicial signature and entry. You would probably benefit from consulting with an attorney at the very least to understand how the process works and how you can best preserve your rights.

lMs. Amaya's response does not create an attorney client relationship. Such relationship is ONLY created when a formal written retainer and fee agreement has been signed with Ms. Amaya. This post provides general information and does not constitute legal advice and no attorney client relationship results from this post. If you would like to contact me to discuss a free consultation, please contact me at 626-441-2473 or at my website at

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