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Category: US Law
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i recived request fl form 300 to set aside court order and

Customer Question

i recived request fl form 300 to set aside court order and attend hearing in 3 monthes from now, does this request cancel my effective current court order ?? i got my court order last month for divorce and kids custody, my ex now filed motion to set aside the order,
also i have primary phyical custody, bevuse he lives out the sstate, kids are 2 and 3 years old, he seeks he doesnt work, liv on his parents,
but same time he asking 50 of physical custody now, he also been lately very abusive in his comminucation, and threatning,
kids also started acting strange after visiting with him and doing some sexaual behaviour ,they said their dad taught them it , wht to do??

also how can i fil response to his request to set order, do i need to attach points of authority in my response like wht he did in his motion request ??

also he lied in his declation about wht happen in the court, does having transcripts showing he lies , help??

in his request he said we had old written agreement of sharing custody, but it was never enterd in the court order, now he asking it to enterd becuse i agreed before,

it was deafult case , i asked primary custody becuse kids ennroled in scool, he lives out state, they are 2,3 years old, and also he have no job to tajke care of them, also his beahviour, he never want to comminucate, also yells and threats .

plz help
Submitted: 4 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 4 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Those are the problems with default judgments. They are often easy to set aside to give the other party a chance for their case to be heard. So basically, you are in the same position as you would have been had you not gotten the default judgment and that is that each of you get a chance to present your case. It seems to me that if you can prove everything that you have stated, you should end up getting full custody. The court will do what is the best interests of the children. If it can be proven that the father is a danger to the children, you will get full custody and he might, at best, XXXXX XXXXX visitations which the children.

So since you have time, you need to gather together as much evidence as you can to prove that he is a danger to the children.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 4 years ago.

ok, im confused, my undersndting according to rule 60 b in federal laws, that filing motion doesnt terminate judgmental order, so the judgmental order i have is valid until the new hearing date, thats wht he requested set the order aside, but yet he havnt got granted that to be set aside, thats why they are asking me to attend hearing to either him gets denyied or the judge will accept it,


am i correct??

Customer: replied 4 years ago.

so my current order stil effective?? because its judgmental order until the hearing date, wich at then judge ill either continue it or setted it aside or put it for another hearing date , ???

Expert:  Guillermo Senmartin replied 4 years ago.
Is this a Florida case? Where do you and the children live? Where does he live?
Customer: replied 4 years ago.

im in california , kids live with me in california, he moved to utah before the divorce

Customer: replied 4 years ago.

can you please answer my question, does the motion request cancels an effective judgmental order that has been signed by judge ??

because his motion request not yet signed by any judge, its just put for hearing date ,

Expert:  Guillermo Senmartin replied 4 years ago.
I do not understand why you are looking at federal procedural laws then. I also do not understand how your question ended up in this particular forum. What would control would be California procedural law. As far as your question, what has happened in your case is that the judge has set a hearing for the motion. Until that motion is heard and decided upon, your current order is still valid. I understand that you are frustrated and in fear for your children. I am here to help. So let me know what else I can answer for you so that you can feel at ease.
Customer: replied 4 years ago.

you said earlier iam back to ground zero means im starting from the begining


so thats why i was getting confused sir, because i asked is filing motions does cancel my current court order, or my order stil valid, until the hearing date ,


so my current order stil valid until hearing date ?? true??


one more question,


i have primary phyiscal custody, and joint legal custody, in the joint legal custusoy i have to discuss with him anything concering their schooling , but i have special notice that im in title to make day to day decision when comes to their education and health needs,


my questions, in joint legal custody, do i have to get his consent agreement before i do anything in their education or health??


or just to bring it to his attention as to let him know, what if he dis agree ??


for example m,y little daughter 3 years old , asking her ear to get piercing, he revused, can i stil do it?? or doesnt that concider violating


please be patient with me

Expert:  Guillermo Senmartin replied 4 years ago.
Correct. Sorry for the confusion. This is the deal with default judgments. They are usually easy to overturn. As long as he has a valid reason for not responding before and it would be fair and just for the judge to hear his case, the default will be set aside. If and when it is set aside, then you would be in the same position as you were before you got the default judgment which is having to present an entire case as to why you should get full and sole custody, etc. But for now, unless the judge has ordered otherwise, your current order is valid.

So until that hearing three months from now, you do not have to get his consent for anything if you have full custody and decision-making power. So it would not matter if he disagreed right now.

Later on, IF he is able to get joint custody, then yes, he would have to agree with whatever decision is to be made. If neither of you budges, then you may have to go to court to get the judge to decide. Of course, the judge is not going to be happy if you go to court for every little thing, but if you are the reasonable parent and the father is not, then that will eventually go against the father in that regard.

And do not worry. I am here all the time, every day. My patience is vast. I am just here to help you if I can. I just felt a little frustration on your end and I wanted to make sure it wasn't directed at me! But no worries, I am here for you.
Customer: replied 4 years ago.

thank you, XXXXX XXXXX u didnt read some part of what i wrote


we do have for now JOINT LEGAL CUSTODY, and itstats that we both must confer when c0omes to kids health and education ,


but again under sepcial decsion, it state that iam the one who is entile of makking decision to day to day care whem comes to health care or education !


but also i have primary phyical custody because they live with me, he only gets visiting times once in awhile because he lives out the state .


so now , do i need his agreement before getting her ear pierced for example , because it concider health related?? or because i have special decistion marked to my name , i can just get it anyway but i neet to inform him ??


is joint legal custody means we both have to agree on ceratin things, or means we just need to discuss and one of us can make the decision regardless since we both ??



Expert:  Guillermo Senmartin replied 4 years ago.
Ok, I understand. My apologies as for some reason I assumed that since you got a default judgment, you basically got everything that you wanted which would have been full-custody and decision-making power. Since ear-piercing is not a medical or health necesity, yes, I believe you would have to get his agreement to have her ear pierced. Of course, you can just have that decided at the time of your next hearing if you like. If you make the decision on your own and have her ears pierced, the father can bring that up at the hearing and if the judge agrees with him, you would have to let her ear close back up. The judge will probably not care and see that as rediculous on the part of your husband.

If you want to read more about joint custody, here is a link:

Customer: replied 4 years ago.


ok now i have few more questions :-)


when im writting response to the form 300, he had his own declartion attached, along with point of authority to support his request .


and he asking new judgmental ,


in my casse.,he lives out the state, and my kids are minor 2 and 3, they are going school here in cali, and he doesnt work, no money, living with his parent in studio, kids dont even have their own bedroom or bed ,


while here with me , where they always lived here, born here, i take them to school, daily live , care for them, and such ,


does he stil can win the case and get 50 of the custody ??? he want tem to travel to visit with him for 4 week every other month , wich mean 6 monthes of the year to stay with him , and not go school, or any


and with his finanacial that he cant even support him self, , can he win that ?


when i started the divorce case , i had agreemnt with him but that before he move out the state, and also he violtaed that agreemnet, and the case went in default and i asked new judgmental order and almost full custody ,


now in his request he want the old agreement to become part of the new judgmental and so he can get 50 of the custody ,


will he get that based on old agreemmnt, that agreement was never notraized, never enterd as court order,



also in my case now when i respond, is there point of authority that support my response thats related to kids having stablity enviroment , and support me having full custody because of what i mentioned earlier, is there any codes or laws i can mention support my response aaginst him ???


he is using in his request to set aside the court order because he was mistakeing and wasnt being told any at end of the case aand i toke advantage of it


where in realty i tryed to work and asked hm to change that agreement many times because he moved out and he said he wont move back again, and also because he said he cant afford paying child support , and he violated that agreemnet


please advice, i know its alot of questions


that agreement was only piece of papers , so it was never court form, and that was the begin of the case , and it has nothing to do with case going in deafult, he told me hw ill not respond and it wil go in default anyway, but he is making thngs up to make it soundlike i toke advantage of it .as it may sound

Expert:  Guillermo Senmartin replied 4 years ago.
Yes, there are a little too many questions for the original value. I'll answer a few more, but please do not forget to rate me positively, please.

The father can invent whatever he likes and he can ask for whatever he likes and it doesn't matter what agreements you may or may not have had with him before. What matters is what can be proven and what would be in the best interests of the children. The reality is that as long as he is not a danger to the children, he will get visitations. You aren't going to be able to 100% keep him out of the lives of the children. Because he lives in a different state than the children and he doesn't seem to be able to offer a stable home environment, it is doubtful that he will get 50/50 custody. You may be able to get them most of the time and then he can get them every other Christmas and maybe during the summers and something like that. I doubt he will get visitations that will allow him to have them every weekend or even once a month because he lives in another state and so much travel may be too disruptive to the children. So relax, get together the evidence that you can to show that he may not be a good father or possibly a danger to the children and that he cannot offer them a stable home.
Customer: replied 4 years ago.

i understand, what happend that i gave him fair deal by giving him holidays vistiations and summer times, but he doesnt like it, he is being pain, so now he want 50 ,


is there any point of authporiyu you can recoomend that i can attach to support my case, so i can get ful custody, or solo custody and he gets visitation only??


also , how should i respond,

my other quetion, can i edit my previous order in the respond to his motion and ask the judge for ful custody, or should i just stick to my current order for now ??


thank you again

the agreemnet we had before was written and i did summit with the fisrt amended , but when i found out how he acted, i requested judgmental order diff what was in the agreemnet,


in his motion he attaching that agreemnet, but this agreemet was never enterd in the judgmental, it was when the cas started , but nit whn its ended , so he is saying he got fooled , but i wanted to make change when kids started schooling, he the one never wanted to work with me and he rather get his way and never , and always threanted me , and pick fight ,


i had told the judge about that agreement, but the judge said if the agreemnet was never enterd in th final judgmental order, then wont count,


so she never counted it because it was not in the form 180 , or the visitatin, i even told her my reasons for the change and she understood ,


thats why im getting the court transcripts to show i did mention it, because he stating that i never told the judge about it , so he is liying

Expert:  Nicola-mod replied 4 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 4 years ago.

im waitting

Expert:  Nicola-mod replied 4 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Customer: replied 4 years ago.

can sombody help me

Customer: replied 4 years ago.


Expert:  Nicola-mod replied 4 years ago.

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