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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1155
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My ex and I have a hearing on 9/28 for a

Customer Question

Hello, My ex and I have a hearing on 9/28 for a Request/Modification of Custody/Visitation. On 9/23, I received a declaration that he filed. Can I respond to that declaration or do I have to wait until we go to court?
Submitted: 6 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 6 months ago.

Hello. I’m a family lawyer, former trial lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues and other legal issues. I look forward to helping you today.

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If I’m back not here right away, I’m typing my answer. Thanks!

Expert:  FamilyAttorney replied 6 months ago.

You should file the response to the declaration as soon as possible.

In Cal, you must file your Responsive Declaration at least nine Court days (business days not weekends and holidays) before the hearing. I know your ex didn't give you enough time to do that, so that is impossible, but I would suggest you do that before the hearing and bring it to the hearing if you'd like so you can serve it on him in court. He's not going to get it any faster by mail. Make sure that you put it on the court record and ask the judge if you can serve your ex with the response to the declaration right there "in open court." Ask respectfully, ***** ***** honor, no your honor, etc.

Do you have a lawyer? Do you want me to find lawyers for you?

Expert:  FamilyAttorney replied 6 months ago.

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Expert:  FamilyAttorney replied 6 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

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