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How do I get my custody case in front of a judge now?

San Jose, CA |

I have been fighting my ex for custody of our two year old son for 8 months now. He filed a DVRO and falsely accused me of domestic violence among other things. I have since found evidence like text messages that his accusations where false. How do I bring this to the Judge ASAP to get a change in custody arrangement? The DVRO has since been dropped due to the fact that my ex had no proof of any of his accusations.

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Attorney answers 4


Your attorney or you will have to bring a motion OSC setting forth the reasons why visitation or custody should be expanded or changed and attach the documents.

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Make sure that you have attended Orientation. If you haven't already done it, do it ASAP. This is an important part of the process, as is the mediation that follows.

You do not say what your current custody orders are, you just ask about getting custody. If you are under temporary visitation orders that restrict your time due to the prior DVRO, then filing a Request for Orders to change this pending mediation might not be a bad idea.

If you already have joint custody and want full custody, then Mediation is the ONLY way that your case will make progress (unless there are some new developments, that is).

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


Respectfully, this is like asking a bunch of doctors how to remove your own appendix. The short answer would be to see a doctor. Here the short answer is you retain a lawyer.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.


Everyone in nearly every case wants to gel his or her case in front of the Judge now. If you have an emergency situation where your children are under threat of possible significant psychological or physical harm then you have some chance for success. You can only get relief by getting emergency orders which will call for an emergency screening of the matter with a mediator which may not even be available in every county such some counties will have the availability. To have anything happen quickly you will have to hire an experienced family law counsel.

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