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What if the absent parent filed ex parte in a modification for child support hearing?

Rancho Cordova, CA |

There is a child support hearing scheduled for 05/03/10. Father has not seen the child in over 2 yrs. I find out yesterday from his attorney that he has filed an ex parte for visitation and court is on 04/08/10. Should I go to court?

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Attorney answers 1

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The hearing will undoubtedly have been held by the time you read this, but yes you should appear to have your views heard. A court is unlikely to make ac decision on an ex parte basis regarding visitation as the Family Code requires a mediation in Family Court Services before a judge can rule on custody issues. See my guide to navigating the FCS mediation process - http://www.avvo.com/legal-guides/ugc/preparing-for-a-family-court-services-mediation-in-a-custody-dispute.

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