Family Law - Form FL-300

[Dom1987]

Jurisdiction

California

I was served with an exparte FL-300 Motion to modify child custody. The form has incorrect information regarding the Courts location and I'm wondering if I can use this in anyway to buy myself more time, as the exparte is set on shortened time. Line number 2 states the date, time, department and room of the court date. Below is line 2B where is states "Address of Court" next to which the box "same as noted above" is checked. However, the Court listed above is incorrect in correlation with the Department (which is only at a different courthouse). This document was stamped twice and still no one seemed to correct this mistake. Any help is appreciated, as I am just trying to get more than three days notice to prepare for this hearing. Thank you !

 

[army judge]

I was served with an exparte FL-300 Motion to modify child custody. The form has incorrect information regarding the Courts location and I'm wondering if I can use this in anyway to buy myself more time, as the exparte is set on shortened time. Line number 2 states the date, time, department and room of the court date. Below is line 2B where is states "Address of Court" next to which the box "same as noted above" is checked. However, the Court listed above is incorrect in correlation with the Department (which is only at a different courthouse). This document was stamped twice and still no one seemed to correct this mistake. Any help is appreciated, as I am just trying to get more than three days notice to prepare for this hearing. Thank you !

The proper thing to do is appear and request a continuance in order to allow you sufficient time to consult with your attorney.

To properly respond to a FL-300, you must use FL-320. Para. 10 of the FL-300 is "other relief."

You did not describe the other relief being sought, therefore its impossible to suggest how you respond. Generally you state your opposition, and why you're seeking your remedy. Where you respond is in paragraph 8 of the FL-320 form. There you are required to offer your explanation as to why 50/50 custody, no increase in support is warranted, (OR YOUR SPECIFIC REMEDY) as to what would be in the best interests if your chil(ren) in paragraph 9 of the FL-320 form (or, if you need more space, then attach your added declaration).


Here's a video which you might find helpful:

Your CA court system offers a tutorial and set of instructions on how to properly respond to the service of CA form FL-300:




Responding to a Spousal/Partner Support Request - divorce_or_separation_selfhelp




Forms - custody_famlaw_selfhelp




Any other attempt to avoid an appearance by ignoring the sums you received because you believe such service to be deficient, or improper is a road you need not, should not, and do not wish to tread.

Additional commentary on CA courts form FL-300:




The Superior Court of California - County of Orange




Title Five Rules



Child Custody - Virtual Self Help Law Center – Child Custody: Respondent: Court Forms You Need