My daughter's dad wrote he wants 3 days out of the week with her and said that I was unsafe. He didn't attach details for why. How would I respond? (Listed in the papers his mom served me.)
File the FL-320 Responsive Declaration to Request for Order and then you can file a Declaration to add more facts as to what you want the parenting plan to be and why. If you oppose his request you need to let the Court know why 3 days a week may or may not be appropriate. You may want to find an experienced family law attorney to assist you in this matter. Good luck.
Assuming that the current court case is in the State of California, in which city and county is the current court case housed in?
I am going to assume that you were served with a "Request For Order" regarding child custody and child visitation. If that is the case, you would need to fill out, file with the court, and serve on your daughter's father a Responsive Declaration to Request For Order [FL-320].
How were you served with the opposing party's Request For Order? In other words, were you personally served, served by mail, served via e-mail, served by fax, etc.? And on what date were you served?
Also, please read and keep in mind California Code of Civil Procedure Section 1005(b). This code section governs the method of serving of motions, oppositions to motions, responses to motions, etc., and the timeframe allowed to serve said motions.
On what date is the hearing?
Like my colleagues stated, it would be best to address his claims. Point out to the Judge that he provided no evidence or details as to why you are "unsafe." Assuming you would like your daughter in your care primarily, state why it would be best for your daughter to be with you. You may want to speak with an experienced family law attorney for more assistance.
I agree with my colleagues, but have the following comment. Your response should be factual, and do not disparage the other, stick to what is in the best interest of the child.
It is of great interest to note that he says that you are unsafe, but still is willing to leave the child with you for 4 days of the week.
How old is your child? Who takes the child to the doctor? Who helps with school work? If the child is ill, which parent does the child turn to. Those and similar facts are very helpful for the court.
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