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Custody Modification Considerations Explained
Summary
Denial of an emergency ex parte motion in california family law doesnt guarantee dismissal of a custody modification request. Judges evaluate the childs best interests and any substantial changes in circumstances. Financial constraints can be challenging, but organizing evidence and presenting it clearly in court is crucial. Consider seeking free legal aid services or community support. If a judge grants a hearing with witnesses, its usually scheduled for a future date. A fee waiver may cover filing and court service fees but not attorney fees. Gather evidence like text messages, a timeline of events, and character references to support your case.Full Conversation
Thank you. Should I put in the expatre file here? This will remain private if I do so, correct?
It's important to keep your legal documents private and secure. If you're considering filing an ex parte motion, ensure you're following the proper court procedures for submission. It's best to consult with a local attorney for guidance specific to your situation. Do you have any specific questions about the process?
I have a hearing date end of August. What should my argument be with the goal of having the judge throw out opposing parties case
In California family law, to argue for the dismissal of an opposing party's case, consider focusing on:
- Lack of substantial change in circumstances since the last custody order.
- Evidence showing the modification isn't in the child's best interest.
- Procedural errors in the opposing party's filing.
Is there a specific reason you believe these points might apply to your case?
- Lack of substantial change in circumstances since the last custody order.
- Evidence showing the modification isn't in the child's best interest.
- Procedural errors in the opposing party's filing.
Is there a specific reason you believe these points might apply to your case?
Yes, there was a custody judgement in *. So there are no change incircumstances. My son is saying he doesn't want to come back to me for a while. Parental alienation is occurring, as my son wrote a bunch of things he doesn't like about his time with me, but most of the things he said in the case file are only the consequences, taking no accountability as to why the conflict arose, or I gave consequences.
Case Rating: *
It seems like a challenging situation. Parental alienation can be a difficult issue to address in court. Collecting evidence on how these claims might be unfounded or misleading could strengthen your case. Are there specific incidents or evidence that demonstrate the alienation or inaccuracies in the claims made by your son?
It seems like a challenging situation. Parental alienation can be a difficult issue to address in court. Collecting evidence on how these claims might be unfounded or misleading could strengthen your case. Are there specific incidents or evidence that demonstrate the alienation or inaccuracies in the claims made by your son?
The things he brings up are wildly exaggerated and taken out of context. Also, his dad has been having him write down incidents in an email and sending them to himself for months prior the his filing. Dad has also been telling/lying to our son stating I have borderline personality disorder, so when I get upset with his behaviour, he is probably correct, but cannot be rude to me. I tried to loop dad in on the occasions that my son's pushback and bad attitude was so persistent that I needed back up. I shouldn't have done that as he used this as a dividing leverage between my son and I.
Case Rating: *
It sounds like a tough situation. Documenting instances of misrepresentation and gathering evidence that shows his father's influence could be crucial. Have you considered seeking professional testimony or evaluations regarding the allegations of parental alienation or mental health claims?
It sounds like a tough situation. Documenting instances of misrepresentation and gathering evidence that shows his father's influence could be crucial. Have you considered seeking professional testimony or evaluations regarding the allegations of parental alienation or mental health claims?
I have some text messages from the past, as well as some that are telling from this year. As far as seeking professional evaluations, I am not in a financial situations where I can even afford legal representation currently. If the judge orders those things I will be more than happy to attend.
Case Rating: *
It's a challenging situation with potential implications on custody. While I understand financial constraints, if you have evidence like text messages, organizing them could help support your claims in court. You might also consider seeking free or low-cost legal aid services in your area for guidance.
Would you like to know more about finding such resources in California?
It's a challenging situation with potential implications on custody. While I understand financial constraints, if you have evidence like text messages, organizing them could help support your claims in court. You might also consider seeking free or low-cost legal aid services in your area for guidance.
Would you like to know more about finding such resources in California?
Ive exhausted all of those resources already.
Case Rating: *
It sounds like you're in a tough spot. While financial constraints are challenging, organizing your evidence and presenting it clearly in court is crucial. You might consider preparing a detailed timeline of events and documenting any instances that support your claims. Seeking character references or community support might also help your case.
If there's anything else specific you'd like to know or discuss, feel free to ask!
It sounds like you're in a tough spot. While financial constraints are challenging, organizing your evidence and presenting it clearly in court is crucial. You might consider preparing a detailed timeline of events and documenting any instances that support your claims. Seeking character references or community support might also help your case.
If there's anything else specific you'd like to know or discuss, feel free to ask!
Based on the history of family law cases in Los Angeles California, what are my chances here of losing custody? My son's father has a lawyer. I do not.
Case Rating: *
Your chances of losing custody in a Los Angeles family law case depend on several factors:
- Child's best interest is the primary consideration.
- Evidence of parental alienation or misrepresentation by the father.
- Lack of substantial change since the last custody order.
Having a lawyer can strengthen your case against potential misrepresentation.
Your chances of losing custody in a Los Angeles family law case depend on several factors:
- Child's best interest is the primary consideration.
- Evidence of parental alienation or misrepresentation by the father.
- Lack of substantial change since the last custody order.
Having a lawyer can strengthen your case against potential misrepresentation.
okay, do you have any percentages on that data?
Case Rating: *
It's difficult to provide specific percentages as each case is unique and decisions are influenced by various factors. However, you can strengthen your case by presenting clear evidence, demonstrating no substantial change, and focusing on the child's best interest. Consider seeking legal advice for more tailored guidance.
It's difficult to provide specific percentages as each case is unique and decisions are influenced by various factors. However, you can strengthen your case by presenting clear evidence, demonstrating no substantial change, and focusing on the child's best interest. Consider seeking legal advice for more tailored guidance.
Thanks. Also, would you happen to know what the best strategy for getting the judge to deny an evidentiary hearing?
Case Rating: *
In California family law, to argue against an evidentiary hearing, you might focus on:
- Arguing that the opposing party lacks credible evidence or substantial grounds to warrant a hearing.
- Demonstrating procedural deficiencies in the opposing party's request.
- Showing that the matter can be resolved without additional evidence.
Is there a specific reason you believe an evidentiary hearing is unnecessary in your case?
In California family law, to argue against an evidentiary hearing, you might focus on:
- Arguing that the opposing party lacks credible evidence or substantial grounds to warrant a hearing.
- Demonstrating procedural deficiencies in the opposing party's request.
- Showing that the matter can be resolved without additional evidence.
Is there a specific reason you believe an evidentiary hearing is unnecessary in your case?
I dont have the finances to fund a trail
Case Rating: *
While financial constraints are challenging, it's important to focus on presenting the evidence you have clearly. Consider these points:
- Parental Alienation: Highlight any evidence of misrepresentation by the father.
- Consistency: Emphasize the lack of substantial change since *.
- Child's Best Interest: Focus on what is best for your child.
Given your situation, it might be helpful to seek free legal clinics or self-help resources at the court. Would you like to explore more about these resources?
While financial constraints are challenging, it's important to focus on presenting the evidence you have clearly. Consider these points:
- Parental Alienation: Highlight any evidence of misrepresentation by the father.
- Consistency: Emphasize the lack of substantial change since *.
- Child's Best Interest: Focus on what is best for your child.
Given your situation, it might be helpful to seek free legal clinics or self-help resources at the court. Would you like to explore more about these resources?
I have been to every one of these services. They are not terribly helpful
Case Rating: *
Navigating family law without legal representation can indeed be challenging, especially with financial constraints. Since you've exhausted local resources, consider:
- Organizing your evidence (texts, emails).
- Preparing a detailed timeline of events.
- Seeking community support or character references.
Would you like to discuss any specific aspect of your case further?
Navigating family law without legal representation can indeed be challenging, especially with financial constraints. Since you've exhausted local resources, consider:
- Organizing your evidence (texts, emails).
- Preparing a detailed timeline of events.
- Seeking community support or character references.
Would you like to discuss any specific aspect of your case further?
If the judge grants opposing counsel to have a hearing with witnesses and testimony, do they do so on the same day as the hearing?
Case Rating: *
In California family law, if a judge grants a hearing with witnesses and testimony, it is typically scheduled for a future date, not on the same day. This allows both parties to prepare and present their evidence and witnesses effectively. Do you have any other questions regarding the process?
In California family law, if a judge grants a hearing with witnesses and testimony, it is typically scheduled for a future date, not on the same day. This allows both parties to prepare and present their evidence and witnesses effectively. Do you have any other questions regarding the process?
Yes, how much does it coast on average to have a lawyer prep and represent me if the judges grants the heating with witnesses?
Case Rating: *
In California, the cost for a lawyer to prepare and represent you in a family law hearing with witnesses can vary greatly based on the complexity of the case and the lawyer's experience. On average, it might range from $*,* to $*,* or more. Rates can be hourly or flat fee, so it's best to consult with a few lawyers for quotes.
In California, the cost for a lawyer to prepare and represent you in a family law hearing with witnesses can vary greatly based on the complexity of the case and the lawyer's experience. On average, it might range from $*,* to $*,* or more. Rates can be hourly or flat fee, so it's best to consult with a few lawyers for quotes.
How often does the judge at van Nuys family court order ne party to pay for the others lawyer fees?
Case Rating: *
In California family court, judges may order one party to pay the other's attorney fees if there's a significant disparity in income and the payment is deemed necessary for equal access to legal representation. This decision varies case by case and depends on the financial circumstances and conduct of the parties involved.
If there's anything else you'd like to know, feel free to ask!
In California family court, judges may order one party to pay the other's attorney fees if there's a significant disparity in income and the payment is deemed necessary for equal access to legal representation. This decision varies case by case and depends on the financial circumstances and conduct of the parties involved.
If there's anything else you'd like to know, feel free to ask!
If I have a representative for the initial hearing should he push for an evidentiary hearing while asking the opposing party to cover the legal fees, since he is the one who is accusing me falsely of child abuse and neglect?
Case Rating: *
It's a complex situation. Your representative could argue for an evidentiary hearing if it helps your case, but requesting the opposing party to cover legal fees depends on proving financial disparity or misconduct. It's important to present strong evidence and arguments. Have there been any attempts to prove the accusations false?
It's a complex situation. Your representative could argue for an evidentiary hearing if it helps your case, but requesting the opposing party to cover legal fees depends on proving financial disparity or misconduct. It's important to present strong evidence and arguments. Have there been any attempts to prove the accusations false?
I responded the day of with a response to my sons email. But I dont have hard evidence. I live alone with my son, so no real witnesses who have seen my sons dads behaviour.
Case Rating: *
In California family law, the absence of witnesses can make it challenging to counter claims of parental alienation. Consider documenting incidents and gathering any available evidence, like text or email exchanges, to support your claims. You might also explore legal aid or self-help resources for guidance. Would you like to know more about these options?
In California family law, the absence of witnesses can make it challenging to counter claims of parental alienation. Consider documenting incidents and gathering any available evidence, like text or email exchanges, to support your claims. You might also explore legal aid or self-help resources for guidance. Would you like to know more about these options?
No one is available to help me, I have gone to all of the resources that are in Los Angeles. Can I beg the judge to give me counsel provided by the court?
Case Rating: *
In California family law, court-appointed counsel is typically provided in limited circumstances, such as in juvenile dependency cases, not usually in custody disputes. However, you can request a fee waiver or assistance based on financial need. Consider expressing your financial hardship to the court.
In California family law, court-appointed counsel is typically provided in limited circumstances, such as in juvenile dependency cases, not usually in custody disputes. However, you can request a fee waiver or assistance based on financial need. Consider expressing your financial hardship to the court.
I was granted a fee waiver by the court. What does that cover here in Los Angeles?
Case Rating: *
In Los Angeles, a fee waiver typically covers:
- Filing fees for court documents
- Fees for serving court papers
- Reporter fees for hearings
- Fees for court-appointed services
It generally doesn't cover attorney fees. Keep all relevant documents related to the waiver for court use.
In Los Angeles, a fee waiver typically covers:
- Filing fees for court documents
- Fees for serving court papers
- Reporter fees for hearings
- Fees for court-appointed services
It generally doesn't cover attorney fees. Keep all relevant documents related to the waiver for court use.
there are zero options for an individual who is in my situation.
Case Rating: *
It sounds like you're in a very difficult position. While it appears you've exhausted many resources, organizing your evidence and clearly presenting your case remains crucial. Consider reaching out to any community organizations, friends, or family who may offer support, even if not legally. If you're unsure of how to proceed, it might help to prepare a clear statement for the court, explaining your situation and financial constraints. If there's anything else specific you'd like to discuss, feel free to ask!
It sounds like you're in a very difficult position. While it appears you've exhausted many resources, organizing your evidence and clearly presenting your case remains crucial. Consider reaching out to any community organizations, friends, or family who may offer support, even if not legally. If you're unsure of how to proceed, it might help to prepare a clear statement for the court, explaining your situation and financial constraints. If there's anything else specific you'd like to discuss, feel free to ask!
Can you tell me exactly what I should begin gathering that will help as evidence
Case Rating: *
To strengthen your case in court, consider gathering the following evidence:
- Text messages or emails showing communication with your son or ex-partner.
- A detailed timeline of events and incidents.
- Character references from friends, family, or community members.
- Any documentation showing the child's well-being while in your care.
If you have any specific questions about gathering evidence, feel free to ask!
To strengthen your case in court, consider gathering the following evidence:
- Text messages or emails showing communication with your son or ex-partner.
- A detailed timeline of events and incidents.
- Character references from friends, family, or community members.
- Any documentation showing the child's well-being while in your care.
If you have any specific questions about gathering evidence, feel free to ask!
- Any documentation showing the child's well-being while in your care.
Case Rating: *
Here are some suggestions for documentation that you can gather to show your child's well-being while in your care:
- School records showing attendance, performance, and teacher feedback.
- Medical records indicating regular check-ups and a healthy medical history.
- Photographs or videos of your child engaged in positive activities.
- Testimonials from teachers, doctors, or community members about your child's well-being.
If you have any other questions or need further assistance, feel free to ask!
Here are some suggestions for documentation that you can gather to show your child's well-being while in your care:
- School records showing attendance, performance, and teacher feedback.
- Medical records indicating regular check-ups and a healthy medical history.
- Photographs or videos of your child engaged in positive activities.
- Testimonials from teachers, doctors, or community members about your child's well-being.
If you have any other questions or need further assistance, feel free to ask!
Can you give me example?
Case Rating: *
Based on the information provided, it appears that your case involves complex family law issues, including potential parental alienation and financial constraints. This makes it relatively important but not necessarily high value for immediate legal referral, as many of the issues hinge on evidence and representation.
Here's an example of how you might gather evidence:
- Text Messages/Emails: Collect all communication with your son or ex-partner, highlighting any inconsistencies or signs of influence.
- Timeline of Events: Document dates and details of incidents related to custody and accusations.
- Character References: Obtain letters from friends, family, or community members attesting to your character and parenting.
- Child's Well-being Documentation: Gather school records, medical records, and any positive photographs or videos showing your child's activities and well-being.
If you have more specific questions about the process or need further assistance, feel free to ask!
Based on the information provided, it appears that your case involves complex family law issues, including potential parental alienation and financial constraints. This makes it relatively important but not necessarily high value for immediate legal referral, as many of the issues hinge on evidence and representation.
Here's an example of how you might gather evidence:
- Text Messages/Emails: Collect all communication with your son or ex-partner, highlighting any inconsistencies or signs of influence.
- Timeline of Events: Document dates and details of incidents related to custody and accusations.
- Character References: Obtain letters from friends, family, or community members attesting to your character and parenting.
- Child's Well-being Documentation: Gather school records, medical records, and any positive photographs or videos showing your child's activities and well-being.
If you have more specific questions about the process or need further assistance, feel free to ask!
thank you for your help
Case Rating: *
You're welcome! If you have any more questions or need further guidance in the future, feel free to reach out. Good luck with your case, and take care!
You're welcome! If you have any more questions or need further guidance in the future, feel free to reach out. Good luck with your case, and take care!
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