What recourse should I take if my ex-husband has filed a request with the court for child custody modifications? 7 Answers as of May 13, 2014

I received a mailed letter from his attorney (non-certified) on 5/1/14. It contained an expense declaration for him, nothing else. I went to the county court site to see what was going on. There I found a hearing date (7/2) and a counseling date (6/16). Is this proper notification? I was not served.

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Steven Alpers | Steven Alpers
It is not, there must be a request for a hearing and blank responsive forms, but you should get a lawyer.
Answer Applies to: California
Replied: 5/13/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
If this is a post judgment modification, it was not served correctly. If it is a prejudgment modification during divorce proceedings, service by mail is appropriate. They must serve you with the notice of the hearing and the "counseling" session.
Answer Applies to: California
Replied: 5/13/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
You need to be served no later than 16 court days before the hearing. You should not wait for that. Go to the courthouse and get a copy of his documents.
Answer Applies to: California
Replied: 5/13/2014
James M. Chandler | James M. Chandler
All of that paperwork should have been sent to you. Just make sure that you make all of the appearances to protect your rights. You should see an attorney.
Answer Applies to: California
Replied: 5/13/2014
B. Stuart Walker Law Office
B. Stuart Walker Law Office | Brian Stuart Walker
You did well checking to see if anything was scheduled with the court. If you hadn't, they would have just shown up in court with a proof of service (declaration signed under penalty of perjury that the pleadings were put in mail and sent to you) and the court would probably give them most of what they were requesting. Now that you know, you need to: 1) get a copy of their Request for Order ( RFO ), 2) File a Response 3) Go to the mediation and then the hearing. If you think your husband's lawyer is pulling dirty tricks - this may be the time to hire your own lawyer.
Answer Applies to: California
Replied: 5/13/2014
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You have not been properly served. However they do not have to serve you until 21 days before the hearing so expect to be served and prepare your response.
    Answer Applies to: California
    Replied: 5/13/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You need to be properly served a request for order to return to court. Rather than argue about proper service, it would be best to work through your attorney on responding to the pleadings in an appropriate fashion.
    Answer Applies to: California
    Replied: 5/13/2014
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