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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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2 part question i am taking ex back to court two boys because she always has in th

Customer Question

2 part question i am taking ex back to court for our two boys because she always has in the middle and cannot coparent, she uses them as pawns they are 11 and 13. i served them req to modify and they mailed me back a responsive declaration to request for order..issue is it isnt stamped by court nor signed i looked on website they sent me this on april 12 and it wasnt filed until april 14. i went to go get a copy from court and it has changed on the pages that were not same as sent to me and again mine were not stamped can the lawyer and or her get in trouble what can i do?
second ? can i do a response to this responsive declaration as well?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
In what state and county is this? And when is the hearing?
Customer: replied 1 year ago.
california contra costa county the hearing is set for May 13
Expert:  S. Kincaid replied 1 year ago.
Then you do have time. In California, a response to a responsive declaration is called a reply. You may find a Reply to the Responsive Declaration.
Customer: replied 1 year ago.
perfect what about my first part of the question?
Expert:  S. Kincaid replied 1 year ago.
As far as what you can do about their dishonest behavior, you can mention it in your Reply and you can file a Complaint against the lawyer with the Washington State Bar Association.
Customer: replied 1 year ago.
would it be California State Bar not Washington
Expert:  S. Kincaid replied 1 year ago.
You could ask that the hearing not proceed for failure to serve you with the proper declarations, but I do not believe you will be successful. From experience, as long as you have actual notice, they will proceed with the hearing.
Expert:  S. Kincaid replied 1 year ago.
That is what I meant. I apologize. I'm a member of both bars and I misspoke.
Customer: replied 1 year ago.
no problem thanks! I wont ask for delay I just want to show another dishonest thing they are doing. Thank you so much
Expert:  S. Kincaid replied 1 year ago.
You're welcome! If you have no further questions, I'd appreciate if you rate my answer so I may get credit for my work.
Customer: replied 1 year ago.
sure I will do that now. Last question would I just use form fl320 responsive declaration to request for order like they filled out or is it another form
Customer: replied 1 year ago.
or should I just respond titling it on pleading paper
Expert:  S. Kincaid replied 1 year ago.
No. You would either prepare the declaration from scratch or use a declaration form and write "Reply" before the word "Declaration." From memory, I think it's form MC-030, but it could have changed so let me double check...
Customer: replied 1 year ago.
awesome you have been great thanks so much
Expert:  S. Kincaid replied 1 year ago.
Yes. MC-030
Expert:  S. Kincaid replied 1 year ago.
Pleading paper is better but both work.
Customer: replied 1 year ago.
perfect again thanks I will rate you now have a great day!
Expert:  S. Kincaid replied 1 year ago.
You're welcome.

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