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I have a trial in 7 days for custody and name change of a…

I have a trial in...
I have a trial in 7 days for custody and name change of a minor. I am the respondent in the case. The only thing the petitioner filed during the case was the Summons and Petition for Custody, as well as an Objection to the name change. ICMC, Scheduling Conference, and Pretrial hearings were held. I put together a Parenting Plan and gave a copy to the Judge at the Scheduling Conference hearing and brought a copy again with me to the Pretrial, but never filed anything. I've made a few changes to the Parenting Plan since then.I just recently mailed a copy of the proposed Parenting Plan to the Judge (and petitioner). Do I also need to file it as a Notice of Motion or Stipulated Judgment and Decree?Do I need to file and/or send anything else to the Judge and petitioner prior to the trial?
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Answered in 13 hours by:
3/7/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,333
Experience: B.A.; M.B.A.; J.D.
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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
Experience: Experienced Family Law Attorney
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If the other party has not agreed to it, then it would need to be filed as a motion, such as "Motion to adopt proposed parenting plan"; if the other party is in agreement, then it can be done via stipulated judgment (that requires both parties' consent).

Also, if it is amended, it is a good idea to include the original, and then a declaration stating what parts have been amended and why.

I hope this helps!

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Customer reply replied 1 year ago
Thank you for your response. Is there a rule in regards ***** ***** many days before the trial it is supposed to be filed? The trial is in 6 days so should I still file the motion even if it was already due?

You are welcome;

Motions must be filed within 10 days of trial; responses within 5.

It is still better to file late because the judge may choose to accept it.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,597
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