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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37965
Experience:  Retired (mostly)
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I filed a motion to quash my case as a response to divorce

Customer Question

Hey there I filed a motion to quash my case as a response to divorce my husband filed for but I want to drop it how do I do that so me and him can go to mediation . And we haven't been to see a judge involving custody matters of our 6 month old but when he filed for divorce it said I had full physical custody him 50 percent legal. He is trying to say I am kid napping because I won't let him see the baby until the judge makes an order or we can again am I kidnapping he doesn't know where we are but he also abandon us in Nevada and I was asked to leave by his cousins now I'm in Cali where he filed then went to live with his gf he left me for in Oregon and just moved back and his mom has asked to see her and him but I'm afraid since there is no custody order he could take her? Or me be charged with kid napping? Even though I was the one only that has physically ever taken care of her and mostly financially with friends help
Submitted: 2 months ago.
Category: Family Law
Expert:  socrateaser replied 2 months ago.

Hello,

You call the judge's clerk and ask, "Please take my motion to quash off calendar." Simple as that.

If you want to have the judge make temporary custody orders, then you file an RFO (FL-300) and request temporary custody orders.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 2 months ago.
Who would I call I'm in California I'm pretty sure I have to go in... And what order do I get and what if he already got one but I wasn't aware of it he is really sneaky
Expert:  socrateaser replied 2 months ago.

Who would I call I'm in California.

A: Call the family clerk at the Superior Court where the dissolution petition was filed, give him/her the case number ***** party names, and ask to have your motion to quash taken off calendar.

I'm pretty sure I have to go in?

A: No, you do not.

And what order do I get?

A: You get form FL-300 and all of the attachments. There is a family law facilitator at the courthouse, and he or she can direct you to the forms and help you fill them out. Or, if you want me to help, I can send a premium services offer and we can take this matter offline. Please let me know if you're interested.

What if he already got one but I wasn't aware of it he is really sneaky?

A: If you haven't been personally served with an order, then there isn't one -- because the order would require mediation, to which you say you haven't been ordered to attend.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 2 months ago.
How much do you cost off line? And if I request to have the motion quashed so I can get this divorce over with will they let me refile my response to his divorce papers or do I have to agree since I didn't file a normal response but a motion to quash the divorce... And also is he Even able to do anymore filing if he is waiting for my quash papers he is not receiving now and how fast is the case for emergency custody or mediation take
Expert:  socrateaser replied 2 months ago.

I'm off for dinner. I'll answer your questions as soon as I return.

Thanks in advance for your patience and for using Justanswer!

Expert:  socrateaser replied 2 months ago.

Okay, I'm back. You asked:

How much do you cost off line?

A: Website policy prohibits me from negotiating price or terms of legal services in this forum. But, I charge professional fees, so if that's simply beyond your means, then I certainly understand.

And if I request to have the motion quashed so I can get this divorce over with will they let me refile my response to his divorce papers or do I have to agree since I didn't file a normal response but a motion to quash the divorce...

A: If you take the motion off calendar you should file your response immediately to avoid a default.

And also is he Even able to do anymore filing if he is waiting for my quash papers he is not receiving now and how fast is the case for emergency custody or mediation take

A: If you take the motion off calendar and file a response, then your spouse can file a motion for temporary custody immediately -- as can you with your responsive to the petition (FL-120).

Mediation typically requires about 45 days to get an appointment, but it depends on the county. In a rural county, you may be able to get a quicker appointment.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 2 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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