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Brandon M.
Brandon M., Family Law Attorney
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Experience:  Attorney experienced in all aspects of family law
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What paperwork (exact forms) do I need to get into the judge

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What paperwork (exact forms) do I need to get into the judge immediately. I had a death in the family and the mother is refusing to allow me to take our son to the funeral because she does not want it to interfere with her mother's day time. She was given the option that gave her almost all the weekend but refuses to compromise. I compromised when her grandmother died and she wanted to take our son out of state for the funeral. I want the judge to help in this situation. Funeral is this next Friday in Sacramento, Ca.

I already have a custody agreement with the mother and it has been a long case, she has a lawyer and I do not.
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Hello there:

 

assuming that you already have an order for custody, and assuming that the order is based on Sacramento County, you would need Judicial Council Forms FL-300, FL-305, and FL-310. You would also need this local form. My suggestion would be to give notice of the hearing to the other side first thing on Monday morning (or sooner) and get into court on Tuesday morning.

 

Let me know if I may be of further assistance. Thank you.

Customer: replied 4 years ago.
Other than the parties and court address, what parts of 300,305,310 do I fill out properly to avoid delays?
Expert:  Brandon M. replied 4 years ago.

That follow-up question is extremely broad. Is there a particular section in those forms that you are confused about?

Customer: replied 4 years ago.
What part of 305 would my request go for time to be spent with me for the funeral and shared transportation? would that be under other orders. How can I serve them with FL-300 with out a court date and time before I go to court to file. FL-310 I assume I put this all under the declaration area for FACTS IN SUPPORT and shorten days to hearing?

Thank you by the way
Expert:  Brandon M. replied 4 years ago.

That makes sense; thank you for the clarification.

 

You may put it under "other orders" on the FL-305.

 

Since you are going in "ex parte" (see the link provided in the first message), you need to make every effort possible to give them notice at least 24 hours in advance; it is also best if you can provide a copy of the filing 24 hours in advance as well. You can do this by telephone, email, fax, personal delivery---whatever it takes. "Ex parte" hearings basically suspend the other party's due process rights to reasonable notice and hearing because of an emergency situation, so the court expects you to do your part to minimize the damage of that as much as possible.

 

You may outline your declaratory facts under "facts in support" on the FL-310, yes. Ask for an immediate order, or in the alternative, the days to hearing to be shortened to (perhaps) Thursday or Friday.

 

 

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience: Attorney experienced in all aspects of family law
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Customer: replied 4 years ago.
Thank you, XXXXX XXXXX that will help me out! Laughing

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