WEBVTT

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Filing for custody in

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California, or served with

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papers?

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Identify the case and form

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first.

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Opening a case, asking for

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orders, and responding to a

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hearing request are different

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steps with different deadlines.

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If you already have a

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California divorce, parentage

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or custody case, you generally

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ask for orders in that case.

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Otherwise, the right proceeding

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depends on your relationship

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and whether legal parentage is

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established.

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A divorce petition, a parentage

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case and a custody and support

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petition are not

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interchangeable.

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If another state has a case or

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order, or your child recently

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moved, get help checking which

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state’s court can decide before

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filing.

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Current residence alone does

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not settle it.

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Starting a custody and support

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case usually requires a

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petition, summons and

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information about your child’s

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residence and other custody

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proceedings.

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Filing those papers does not

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itself give you a custody order

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or hearing date.

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To ask for temporary custody or

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parenting time orders, you

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generally also file a Request

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for Order.

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Set out the decisions and

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schedule you want.

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Check local forms, filing

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options and fees;

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ask about a fee waiver if

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needed.

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Served with a petition and

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summons starting the case?

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California guidance generally

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gives you thirty days after

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service to file the appropriate

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response.

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Read the form number and all

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attached papers.

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A custody and support petition,

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a parentage petition and a

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divorce petition use different

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response forms.

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If the deadline has passed, do

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not assume nothing can be done.

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Check whether a default has

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been entered, which can let the

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court proceed without your

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response.

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Seek help immediately;

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your next step depends on the

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case’s status.

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A Request for Order sets a

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hearing about particular

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orders.

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To respond, use the Responsive

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Declaration.

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Usually, file and arrange

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service at least nine court

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days before the hearing, unless

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the court orders a different

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deadline.

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Court days exclude weekends and

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court holidays.

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Mailing requires earlier

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action.

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Check the actual papers and

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service method instead of

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guessing a date.

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Do not apply the thirty day

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petition rule to this hearing

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request, protective orders or

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emergency papers.

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Filing at court is not service

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on the other parent.

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Usually, another adult who is

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at least eighteen and is not

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part of the case delivers the

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papers using the required

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method, then signs a proof of

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service that you file.

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New petitions generally require

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personal service;

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a response or later request may

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have different rules.

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Do not assume an email, text

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message or handing papers over

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yourself is enough.

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Keep stamped copies and proof,

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and follow any protective

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order.

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Explain the parenting schedule

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and decision making

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arrangements you propose, and

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the facts supporting them.

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A response should say what you

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agree with, what you dispute,

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and what you ask the judge to

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do instead.

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Use relevant documents and

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facts you personally know.

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Protect private information as

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court rules require.

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A responsive declaration is not

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the route to an unrelated new

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request;

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that may need your own Request

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for Order.

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Custody disputes usually

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involve mediation or child

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custody recommending counseling

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before the judge decides.

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Check your court’s arrangements

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and attend the required

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sessions and hearing.

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You do not have to agree to

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a parenting plan.

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If there is a restraining order

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or domestic violence

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allegation, ask for separate

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mediation and explain safety

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concerns.

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Keep following existing orders.

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For immediate safety risks,

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emergency orders or disputed

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parentage, get prompt, specific

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help rather than relying on

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this overview.

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Your checklist is simple:

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identify every form, record the

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service date and hearing date,

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confirm the correct deadline,

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file the right papers, and

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arrange proper service with

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proof.

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Then prepare your proposed

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parenting plan and supporting

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facts.

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The court’s self help center

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can explain procedure;

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a California family lawyer can

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advise on your particular

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situation.

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Read the California answer and

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sources at Legal Hotline dot

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com, with a hyphen between

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Legal and Hotline.

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Our United States number is on

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screen for free general legal

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information.

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Legal Hotline is an information

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service, not a law firm;

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lawyer matching is separate.