Response to OSC for Child Custody Question California

[JebFred2]

I am representing myself in a divorce case and I filed an OSC for child custody on 9/27/11 and served the paperwork to respondent on 9/30/11. Court date is 11/15/11 and I just heard from respondent that they filed response declaration on 11/4/11 (which is only 6 court days from court date).

I live out of state and the respondent will have to serve me via mail, meaning I won't get the papers until sometime this week, further cutting into my time to respond. I know that the respondent has not filed in a timely manner and leaves me little to no time at all to file my own response, and would like to object to the response but don't know what to say to the judge.

[Dogmatique]

I am representing myself in a divorce case and I filed an OSC for child custody on 9/27/11 and served the paperwork to respondent on 9/30/11. Court date is 11/15/11 and I just heard from respondent that they filed response declaration on 11/4/11 (which is only 6 court days from court date).

I live out of state and the respondent will have to serve me via mail, meaning I won't get the papers until sometime this week, further cutting into my time to respond. I know that the respondent has not filed in a timely manner and leaves me little to no time at all to file my own response, and would like to object to the response but don't know what to say to the judge.

You're out of State, correct? What is the hearing going to address? What is your goal here?

[JebFred2]

Yes I am out of state. I am trying to gain physical custody of my children.

[Dogmatique]

Yes I am out of state. I am trying to gain physical custody of my children.

When did you separate and leave the State?

What is the basis for you wanting to change physical custody? They've been with Mom for at least the past few months, correct? What has changed?

[JebFred2]

Separated and left state five years. Children have been with mom ever since. Mo

The ex has a live in boyfriend for past two years and has begun trying to cut me out of the picture.

My original question was more of a procedural one though regarding the timeliness of her response to my OSC

[Dogmatique]

Separated and left state five years. Children have been with mom ever since. Mo

The ex has a live in boyfriend for past two years and has begun trying to cut me out of the picture.

My original question was more of a procedural one though regarding the timeliness of her response to my OSC

Yes, I FULLY understand your original question.

I'm actually trying to help you. Because unless you have a change of circumstance - a MAJOR change of circumstance (and the boyfriend moving in 2 years ago will NOT count) - you're going to waste your time and likely end up paying for Mom's legal fees.

But by all means, go ahead. You can try to file for a continuance - it may or may not be granted.

[JebFred2]

I agree it's an uphill battle...the details of it are too much for a forum. I'm curious why I should need to file a continuance when the response wasn't filed on time.

[Dogmatique]

I agree it's an uphill battle...the details of it are too much for a forum. I'm curious why I should need to file a continuance when the response wasn't filed on time.

Because the court will likely give the respondent the benefit of the doubt at least once. It's not going to go your way (default judgment) just because Mom filed late - that rarely happens, and when it does it's not uncommonly overturned on appeal.

So if you want to prepare further, you'll need a continuance in all likelihood. Without further details, there's really not much else we can do here (other than to beg and plead with you to at least have a very quick consult with a local attorney!).

I don't recommend you do this pro se. Not even in California.