TRY ME!
Custody And Visitation Disputes
Summary
In California, custody and visitation issues are typically handled by family court, while probate court deals with guardianship. If served with incorrect paperwork, such as a wrong name, you can contest it. Present evidence of expired restraining orders and peaceful contact orders. For mediation, focus on the childrens best interests, your parental capability, and past court outcomes. Organize documents into sections like legal name change and past rulings. During mediation, prioritize your childrens needs and consider offers carefully. Prepare an opening statement highlighting key issues and evidence. Legal aid organizations in California can provide assistance if needed.Full Conversation
Yes, my mother is suing me in probate court for guardianship of my two youngest she has lost two ex partie and now open an other case in family court wanting visitation, She had me served for family court with my old name on the papper work. I have had my name legally changed for over 6 months now. She stated included a copy of an expired restaining order that is not vauld do to the fact that her filling was tossed out and the judge gave her as well as myself a peaceful contat order and she didn't incude that
In California, here are the key points regarding your situation:
- Name Change: Serving you with the wrong name can be contested. Inform the court about your legal name change.
- Expired Restraining Order: Submit evidence that the restraining order is expired and the peaceful contact order is in place.
- Jurisdiction: Family court typically covers visitation issues, while probate court handles guardianship.
Have you consulted with a lawyer about contesting the service and addressing the expired restraining order?
- Name Change: Serving you with the wrong name can be contested. Inform the court about your legal name change.
- Expired Restraining Order: Submit evidence that the restraining order is expired and the peaceful contact order is in place.
- Jurisdiction: Family court typically covers visitation issues, while probate court handles guardianship.
Have you consulted with a lawyer about contesting the service and addressing the expired restraining order?
No
It's crucial to address the issues with the name and expired restraining order to protect your rights. Here are some steps you might consider:
- File a Motion: Inform the family court of your legal name change and contest the service.
- Submit Evidence: Provide proof of the expired restraining order and the new peaceful contact order.
Have you considered seeking legal representation to help you navigate both courts effectively?
- File a Motion: Inform the family court of your legal name change and contest the service.
- Submit Evidence: Provide proof of the expired restraining order and the new peaceful contact order.
Have you considered seeking legal representation to help you navigate both courts effectively?
no cant afford it
It’s important to protect your rights even if you can’t afford a lawyer........:
Here are some steps you might consider:
- File a motion in family court to contest the service with the wrong name.
- Provide evidence of the expired restraining order and the peaceful contact order.
You might also consider seeking assistance from legal aid organizations that offer free or low-cost legal help. in California.
Would you like more information on legal aid organizations near you??
Here are some steps you might consider:
- File a motion in family court to contest the service with the wrong name.
- Provide evidence of the expired restraining order and the peaceful contact order.
You might also consider seeking assistance from legal aid organizations that offer free or low-cost legal help. in California.
Would you like more information on legal aid organizations near you??
yes please
Here are a few legal aid organizations in California that might be able to help you:
Phone: (*) *-*
Website: www.lafla.org
Phone: (*) *-*
Website: www.baylegal.org
Would you like more details or need help with anything else?
Legal Aid Foundation of Los Angeles (LAFLA)
Phone: (*) *-*
Website: www.lafla.org
Bay Area Legal Aid
Phone: (*) *-*
Website: www.baylegal.org
Would you like more details or need help with anything else?
costa mesa CA
Sure, here are a couple of legal aid organizations near Costa Mesa, CA that might be able to assist you:
Phone: (*) *-*
Website: www.legal-aid.com
Phone: (*) *-*
Website: www.communitylegalsocal.org
Would you like more information on how to proceed with your case or any other legal assistance?
Legal Aid Society of Orange County
Phone: (*) *-*
Website: www.legal-aid.com
Community Legal Aid SoCal
Phone: (*) *-*
Website: www.communitylegalsocal.org
Would you like more information on how to proceed with your case or any other legal assistance?
So far I have won against her false claims filed in a DVRO then she filed in probate court for Guardianship of my two youngest in Probate court and she has lost two ex parte aleging abuse and have mediation in a week she has also filed a false elder abuse and steeling from her in criminal court and now this visation case in family court
It sounds like you’re dealing with multiple legal battles. Here’s a quick recap of steps you can take:
- Family Court: Contest the service with your old name and submit evidence of the expired restraining order and peaceful contact order.
- Criminal Court: Gather evidence to refute the elder abuse and theft claims.
Would you like more help with preparing for mediation or any specific court?
- Family Court: Contest the service with your old name and submit evidence of the expired restraining order and peaceful contact order.
- Criminal Court: Gather evidence to refute the elder abuse and theft claims.
Would you like more help with preparing for mediation or any specific court?
yes please
Here are some steps to prepare for mediation in family court:
- Document Everything: Keep detailed records of all interactions and incidents.
- Gather Evidence: Collect any documents, messages, or witnesses that support your case.
- Prepare Your Statement: Clearly outline your position and concerns regarding visitation.
Would you like more tips on mediation or help with another aspect of your case?
- Document Everything: Keep detailed records of all interactions and incidents.
- Gather Evidence: Collect any documents, messages, or witnesses that support your case.
- Prepare Your Statement: Clearly outline your position and concerns regarding visitation.
Would you like more tips on mediation or help with another aspect of your case?
Im sorry i miss spoke Mediation is in probate court is it the same advice
Generally, the advice is similar, but here are some additional points specific to probate court mediation:
- Focus on Guardianship: Emphasize why guardianship is not in the best interest of your children.
- Present Evidence: Bring evidence showing your capability as a parent and your mother's past failures in court.
- Stay Calm and Respectful: Maintain a calm demeanor to show your reliability.
Would you like more detailed tips on presenting your case during probate mediation?
- Focus on Guardianship: Emphasize why guardianship is not in the best interest of your children.
- Present Evidence: Bring evidence showing your capability as a parent and your mother's past failures in court.
- Stay Calm and Respectful: Maintain a calm demeanor to show your reliability.
Would you like more detailed tips on presenting your case during probate mediation?
yes please
Sure, here are detailed tips for presenting your case during probate mediation:
- Child's Best Interest: Emphasize how staying with you serves your children's best interests.
- Parental Capability: Highlight your ability to care for your children and provide a stable environment.
- Past Court Failures: Reference your mother's past failed attempts to gain guardianship.
- Documentation: Have all relevant documents, including the peaceful contact order and proof of your name change.
Would you like more specific advice on any part of this process?
- Child's Best Interest: Emphasize how staying with you serves your children's best interests.
- Parental Capability: Highlight your ability to care for your children and provide a stable environment.
- Past Court Failures: Reference your mother's past failed attempts to gain guardianship.
- Documentation: Have all relevant documents, including the peaceful contact order and proof of your name change.
Would you like more specific advice on any part of this process?
sure
Here are some additional detailed tips for presenting your case during probate mediation:
- Child's Best Interest: Clearly explain how your children's emotional, educational, and social needs are best met in your care.
- Parental Capability: Provide specific examples of how you meet your children's daily needs, including their education, health care, and extracurricular activities.
- Past Court Failures: Mention any specific evidence or rulings from previous court cases that support your position.
- Documentation: Organize all documents in a clear and accessible manner. Highlight key points like your legal name change, peaceful contact order, and any other relevant court orders.
Would you like more information on how to organize your documents or any other part of the mediation process?
- Child's Best Interest: Clearly explain how your children's emotional, educational, and social needs are best met in your care.
- Parental Capability: Provide specific examples of how you meet your children's daily needs, including their education, health care, and extracurricular activities.
- Past Court Failures: Mention any specific evidence or rulings from previous court cases that support your position.
- Documentation: Organize all documents in a clear and accessible manner. Highlight key points like your legal name change, peaceful contact order, and any other relevant court orders.
Would you like more information on how to organize your documents or any other part of the mediation process?
yes please
Sure, here are some tips on organizing your documents for mediation:
- Create Sections: Divide documents into sections like legal name change, peaceful contact order, children's needs, and past court rulings.
- Use Labels: Clearly label each section for easy reference.
- Highlight Key Points: Use sticky notes or highlighters for important information.
- Prepare Copies: Make multiple copies for yourself, the mediator, and the opposing party.
Would you like more information on any specific section or further assistance?
- Create Sections: Divide documents into sections like legal name change, peaceful contact order, children's needs, and past court rulings.
- Use Labels: Clearly label each section for easy reference.
- Highlight Key Points: Use sticky notes or highlighters for important information.
- Prepare Copies: Make multiple copies for yourself, the mediator, and the opposing party.
Would you like more information on any specific section or further assistance?
yes please
Sure, here are more detailed tips for organizing your documents for mediation:
- Create Sections:
- Legal Name Change: Include your name change certificate and any related documents.
- Peaceful Contact Order: Gather the court order and any correspondence.
- Children's Needs: Collect school records, medical records, and any other relevant documents.
- Past Court Rulings: Include rulings from previous cases where your mother’s claims were dismissed.
- Use Labels: Clearly label each section for easy access during mediation.
- Highlight Key Points: Use sticky notes or highlighters on crucial information so they stand out.
- Prepare Copies: Make multiple copies for yourself, the mediator, and the opposing party to ensure everyone has access to the same information.
Would you like more assistance with any other aspect of your case?
- Create Sections:
- Legal Name Change: Include your name change certificate and any related documents.
- Peaceful Contact Order: Gather the court order and any correspondence.
- Children's Needs: Collect school records, medical records, and any other relevant documents.
- Past Court Rulings: Include rulings from previous cases where your mother’s claims were dismissed.
- Use Labels: Clearly label each section for easy access during mediation.
- Highlight Key Points: Use sticky notes or highlighters on crucial information so they stand out.
- Prepare Copies: Make multiple copies for yourself, the mediator, and the opposing party to ensure everyone has access to the same information.
Would you like more assistance with any other aspect of your case?
Would it be fair to say know to any offers as she now has filled for visitation in family court
Since your mother has filed for visitation in family court, it's wise to consider all offers carefully. However, you are not obligated to accept any offers if they are not in the best interest of your children.
Would you like more information on how to evaluate offers during mediation?
Would you like more information on how to evaluate offers during mediation?
yes
When evaluating offers during mediation, consider the following:
- Best Interest of the Children: Always prioritize what best serves your children's emotional, educational, and social needs.
- Consistency and Stability: Ensure the offer supports a stable and consistent environment for your children.
- Past Behavior: Consider your mother's past behavior and court rulings when evaluating her offers.
Would you like more specific advice on any of these points?
- Best Interest of the Children: Always prioritize what best serves your children's emotional, educational, and social needs.
- Consistency and Stability: Ensure the offer supports a stable and consistent environment for your children.
- Past Behavior: Consider your mother's past behavior and court rulings when evaluating her offers.
Would you like more specific advice on any of these points?
what will the format be in mediation and will I need to prepair a full case as has been enter on the record already or will it just be offer back an fourth
In mediation, the format typically includes:
- Opening Statements: Each party briefly presents their position.
- Discussion: A mediator facilitates a discussion on key issues.
- Offers/Counteroffers: Each party makes and responds to offers.
- Agreement: If both parties agree, a written agreement is made.
Preparation:
- Have a summary of your case and key points ready.
- Bring all relevant documents, including those already on record.
Would you like more details on how to structure your opening statement?
- Opening Statements: Each party briefly presents their position.
- Discussion: A mediator facilitates a discussion on key issues.
- Offers/Counteroffers: Each party makes and responds to offers.
- Agreement: If both parties agree, a written agreement is made.
Preparation:
- Have a summary of your case and key points ready.
- Bring all relevant documents, including those already on record.
Would you like more details on how to structure your opening statement?
yes please
Sure! Here are tips for structuring your opening statement in mediation:
- Introduction: Briefly introduce yourself and your relationship to the children.
- Key Issues: Clearly state the main issues (e.g., guardianship, visitation).
- Children's Best Interest: Emphasize how your proposal best serves your children's needs.
- Evidence Summary: Provide a brief overview of your supporting evidence (e.g., name change, past court rulings).
Would you like more detailed advice on any specific part of your opening statement?
- Introduction: Briefly introduce yourself and your relationship to the children.
- Key Issues: Clearly state the main issues (e.g., guardianship, visitation).
- Children's Best Interest: Emphasize how your proposal best serves your children's needs.
- Evidence Summary: Provide a brief overview of your supporting evidence (e.g., name change, past court rulings).
Would you like more detailed advice on any specific part of your opening statement?
Start a new chat