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Do I need to site California Family Law code?

Discussion in 'Child Custody & Visitation' started by Deanna Brownen, Jul 29, 2019.

  1. Deanna Brownen

    Deanna Brownen Law Topic Starter New Member

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    Jurisdiction:
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    To whom it may concern,

    I will be preparing my own legal documents to request a modification to a current custody and visitation order. I have researched several areas of the California Family Law Code and plan to use the code to make my requests. Is it necessary to site the Family Code in my petition? For example, "According to California Family Law Code XXX, a child's needs at this age justify more visitation / parenting time"

    Thanks!
    Deanna Brownen
     
  2. Zigner

    Zigner Well-Known Member

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    The example you gave above is a conclusion you have reached. You need to be able to provide the sufficient reason(s) that the court should reach the conclusion.
     
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  3. Deanna Brownen

    Deanna Brownen Law Topic Starter New Member

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    Thank you, so I should outline how each Family Law Code applies and site it?
     
  4. Zigner

    Zigner Well-Known Member

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    You should try to look at copies of other cases that have been filed to get a feel for how things are handled. Your best bet would be to talk to an attorney, even if you don't retain one. They may provide you some sort of limited representation for a fee.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    As a general rule, any motion filed with a court should include citations to whatever statutory and case law is necessary to support the argument being made.
     
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  6. zddoodah

    zddoodah Well-Known Member

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    In addition to what "Zinger" suggested, I would suggest that you spend some quality time at your county law library looking at The Rutter Group's Family Law practice guide.
     
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  7. Zigner

    Zigner Well-Known Member

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    I agree. In this case, the OP also needs to understand how the code section citations should be utilized. The OP's example (understandably vague and hypothetical) reaches a conclusion that probably isn't correct, nor is it even worded correctly since no part of the California Family Code says what the OP wrote.
     
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  8. mightymoose

    mightymoose Moderator

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    Have you already attempted mediation? That is a much less formal route that can achieve your desired result.
    Seeking a modification generally requires a significant change in circumstances since the last order. Be prepared to explain that significant change that makes the modification necessary.
     
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  9. mightymoose

    mightymoose Moderator

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    No, but doing so would not hurt if done correctly. Misusing them could be harmful.
     
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  10. Tax Counsel

    Tax Counsel Well-Known Member

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    You do need to cite (not site) the applicable law that supports the modification request that you are making. That law may be the state statutes (e.g. Family Law Code) or case law (the decisions of courts on the same issue). You need to convince the court that the law as applied to the facts in your case supports the request you are making of the court.
     
  11. Deanna Brownen

    Deanna Brownen Law Topic Starter New Member

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    thank you so much! Yes a big change in circumstances and voluntary mediation has been denied by the other party. Requesting a new Order is definitely in the childs best interest, just need to prove that. Thanks for your response!
     

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