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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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i have short calender date for show cause and modification

Resolved Question:

i have short calender date for show cause and modification for sole custody my wife filed for sole custody and i have date coming up in connecticut i am self respernted party
i have marked the court calender date but still consuse what i have to do if i wana do oral
arqument what i have to do can u advice me step by step i dont know the system
Submitted: 1 year ago.
Category: Family Law
Expert:  Seattle Scott replied 1 year ago.
Identify the court by name and county. Have you filed anything with the court yet - as in responding to the Petition - which should be separate from responding to the show cause order. The show cause procedure is usually for a temporary order changing the parenting plan or existing custody order while the mother's petition is being litigated ( which will take months to conclude).
Customer: replied 1 year ago.

i think i am not geting proper answer ohk here is the proper question


me and my wife divorced in 2011 and she filed modication for sole custody


i got the court calender date which i marked by calling them calender date is 09/19/2013 and in motion for shot calender it says 117 show cause order


and 117.50 motification for sole custody how to reply now how to proceed


do i have to file anything i just mark the calender date that marking ready


and i have objection to sole custody so what else i have to do except for marjubg date cab u get step by step how to procced furthuer

Expert:  Seattle Scott replied 1 year ago.

Each court in your state may have a slightly different procedure and court rules as they might vary by county. Here is the law on custody modification motions and the short calender:

 

Make sure you file an objection to the modification within 10 days of being served and contact family services at the court about getting oral argument. Also file an Appearance - form link below.

 

(b)

A presumption of paternity established under this section may be rebutted only by:

(1)

an adjudication under Subchapter G;

 

 

 

 

 

 

 

Connecticut Rules - Practice Book

SUPERIOR COURT - PROCEDURE IN FAMILY MATTERS

Chapter 25. GENERAL PROVISIONS

As amended through March 1, 2013

§ 25-26. Modification of Custody, Alimony or Support

(a) Upon an application for a modification of an award of alimony pendente lite, alimony or support of minor children, filed by a person who is then in arrears under the terms of such award, the judicial authority shall, upon hearing, ascertain whether such arrearage has accrued without sufficient excuse so as to constitute a contempt of court, and, in its discretion, may determine whether any modification of current alimony and support shall be ordered prior to the payment, in whole or in part as the judicial authority may order, of any arrearage found to exist.

(b) Either parent or both parents of minor children may be cited or summoned by any party to the action to appear and show cause, if any they have, why orders of custody, visitation, support or alimony should not be entered or modified.

(c) If any applicant is proceeding without the assistance of counsel and citation of any other party is necessary, the applicant shall sign the application and present the application, proposed order and summons to the clerk; the clerk shall review the proposed order and summons and, unless it is defective as to form, shall sign the proposed order and summons and shall assign a date for a hearing on the application.

(d) Each motion for modification of custody, visitation, alimony or child support shall state clearly in the caption of the motion whether it is a pendente lite or a postjudgment motion.

(e) Each motion for modification shall state the specific factual and legal basis for the claimed modification and shall include the outstanding order and date thereof to which the motion for modification is addressed.

(f) On motions addressed to financial issues, the provisions of Section 25-30 shall be followed.

(g) Upon or after entry of judgment of a dissolution of marriage, dissolution of civil union, legal separation or annulment, or upon or after entry of a judgment or final order of custody and/or visitation for a petition or petitions filed pursuant to Section 25-3 and/or Section 25-4, the judicial authority may order that any further motion for modification of a final custody or visitation order shall be appended with a request for leave to file such motion and shall conform to the requirements of subsection (e) of this section. The specific factual and legal basis for the claimed modification shall be sworn to by the moving party or other person having personal knowledge of the facts recited therein. If no objection to the request has been filed by any party within ten days of the date of service of such request on the other party, the request for leave may be determined by the judicial authority with or without hearing. If an objection is filed, the request shall be placed on the next short calendar, unless the judicial authority otherwise directs. At such hearing, the moving party must demonstrate probable cause that grounds exist for the motion to be granted. If the judicial authority grants the request for leave, at any time during the pendency of such a motion to modify, the judicial authority may determine whether discovery or a study or evaluation pursuant to Section 25-60 shall be permitted.

 

 

Connecticut Rules - Practice Book

SUPERIOR COURT - PROCEDURE IN FAMILY MATTERS

Chapter 25. GENERAL PROVISIONS

As amended through March 1, 2013

§ 25-34. Procedure for Short Calendar

(a) With the exception of matters governed by Chapter 13, {{{ CHAPTER 13 DOES NOT APPLY TO YOU – THAT IS DISCOVERY MOTIONS }}}} oral argument on any motion or the presentation of testimony thereon shall be allowed if the appearing parties have followed administrative policies for marking the motion ready and for screening with family services. Oral argument and the presentation of testimony on motions made under Chapter 13 {{{ CHAPT 13 DOESN”T APPLY TO YOU}} are at the discretion of the judicial authority.

(b) If the judicial authority has determined that oral argument or the presentation of testimony is necessary on a motion made under Chapter 13, the judicial authority shall set the matter for oral argument or testimony on a short calendar date or other date as determined by the judicial authority.

(c) If the judicial authority has determined that oral argument or the presentation of testimony is necessary on a motion made under Chapter 13 and has not set it down on a hearing date, the movant may reclaim the motion within thirty days of the date the motion appeared on the calendar.

(d) If the matter will require more than one hour of court time, it may be specifically assigned for a date certain.

(e) Failure to appear and present argument on the date set by the judicial authority shall constitute a waiver of the right to argue unless the judicial authority orders otherwise. Unless for good cause shown, no motion may be reclaimed after a period of three months from the date of filing. This subsection shall not apply to those motions where counsel appeared on the date set by the judicial authority and entered into a scheduling order for discovery, depositions and a date certain for hearing.

History. P.B. 1998. Amended June 20, 2011, to take effect Aug. 15, 2011.

 

 

Also fill out and file this form http://www.jud.ct.gov/webforms/forms/cl012.pdf

 

Expert:  Seattle Scott replied 1 year ago.
Sorry, ignore the short recital about paternity and Subchapter G; that was a cut and past error on my part.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 4 other Family Law Specialists are ready to help you

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