Yes, the laws are very different. Here you only have 60 days to serve the person, which is why they are quicker to allow someone to publish the summons.
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Yes, the laws are very different. Here you only have 60 days to serve the person, which is why they are quicker to allow someone to publish the summons.
Scottgem, my request for publication has already been approved. I have already submitted proof of numerous attempts to serve my husband. In fact, I called the facilitator's office at the courthouse when I was unable to serve him and my 60 days were up and they TOLD me to request to serve him through publication as that was my only option left before our court date.
It seems to me things are different from county to county around here lol.
Then you are OK. I think you may find the wording of such a notice at that site I linked to.Quote:
Originally Posted by lmcdonald
Glad I could help.Quote:
Originally Posted by lmcdonald
Incidentally, I've never heard of a 60 day rule to serve that applies in family law cases and that's because family law cases are not "fast-tracked". I'd be curious to know what county you are in so I can check the local rules. I have a feeling, and I may be wrong, that you are on a court "status conference" calendar and the judge instructed you to serve within a given period and report back at a follow up hearing on your efforts. If that's what's going on that's very different from a general rule requiring service within a given time (most courts require service in civil cases within 60 days, but those cases are treated totally differently anyway).
I am in Stanislaus County, Ca. However, I have double-checked and triple-checked every move I make before I make it because I am really trying to do things the legal way. When speaking to the Family Law Facilitator I made sure I was correct in the 60 day period and they said yes that my only other option is to put it in the newspaper. Also, originally, I had filed for legal separation in order to get litigation started because I was not yet in the county for 6 months and could not file for divorce. So, when I went in and amended my separation to divorce, I again checked to see that publication was my next step and the clerk in the filing office told me yes and the reason they do things this way is in hopes that most cases will not even go to court.
Also, when I first arrived in California, my husband was in jail for domestic assault on his girlfriend and the first thing I did was to file a good cause report with the D.A. so that I could legally hide my daughter from him since it was reported to the police by his girlfriend that he had threatened my life. The day I got here, I made a b-line for the courthouse to file a restraining order. That was handled in the family law department as well and had 30 day time to serve, I believe it was.
Well, Stanislaus County, that's Modesto, right?Quote:
Originally Posted by lmcdonald
Yes, you are correct, you do have a 60 day rule on serving the Petition and Summons (this is the first county in the state I've heard of that has that rule). That's in the Local Rules (they only apply to your county). Personally, I think that rule is super-dumb (what do the judges down there care when you serve the petition?--they must not have much to do, that's what I think, but don't quote me on that!).
Also, Stanislaus has a tentative ruling system in family law, which I personally think is weird! (Contra Costa has this too, but they are very weird down there anyway).
So yep, you're right. But what do you expect? It's Modesto!:)
Well, honestly, in my case I prefer it this way because I need to get everything done quickly. The police (in my opinion) are not doing their jobs to put him in jail and I get hardly any sleep at night wondering if he'll show up at the door. He's made threat after threat to do it and he has no qualms about breaking the laws.
I was wondering, though, what is a "Tentative Ruling System"?
When you file a motion with the court asking for say child support, each side files income and expense information before the court date, they show up at the hearing and the judge makes an order for xyz in support. With a tentative ruling system, the judge looks over the file a few days before the hearing and decides to award xyz in support, and the decision to award this is announced a day before the hearing. The parties are suppose to call in and check the tentative ruling before the hearing and if they don't like the judge's decision they are to say they want to appear at the hearing and let the other side know as well. If they don't call in the case is not heard on the court date and the tentative ruling stands as the order of the court. If you don't tell the court in advance that you intend to show up and argue the motion and if you don't tell the other side you are going to show up the judge won't listen to you. This is fairly common in civil cases to run a law and motion calendar this way but some counties do it in family law, which I find strange. This isn't just limited to child support, but applies to any kind of motion.Quote:
Originally Posted by lmcdonald
Does that apply to child custody as well? Also, does that still apply if I have a restraining order where we are not allowed to contact each other? Lastly,if the court makes a ruling about the case and he does not respond and I show up for court will they tell me what the ruling is right then and there? I did serve an income and expense declaration on him. The court allowed me to do that little bit through the mail. I'm a little confused...
You need to check the local rules, which are on the court's website. You can Google Stanislaus County Superior Court to find their website.Quote:
Originally Posted by lmcdonald
If there's a restraining order in effect or if it's a default situation I'm sure there is an exception to the tentative ruling rules that would otherwise apply. You should check it out. We don't have a 60-day rule on service or a tentative ruling system in family law in my county.
Okay, Thanks.
Ugh, I would like to clarify something. I called the courthouse again today to make sure I don't have any other option than publication and they said "we do like you to have him served in 60 days but you actually have up until your court date to have him served. I swear I get a different answer every time I call them. Also, they had previously told me that they could help me fill out the paperwork to try to get the ex's parental rights taken away. I called again the next day to find out what to bring with me and they said "we don't help with that here. You have to be re-married for at least a year and the new husband has to be willing to adopt the children.
This isn't going to help you but I have posted over and over again NOT to get legal advice from Court Clerks. Many of them don't know, many of them guess, some of them just give whatever answer comes to them to get you off the phone.
You almost have to look at the Law or, of course, ask an Attorney.
It was the Family Law Facilitator I spoke to, not the filing clerk. Aren't they supposed to know the law?
Quote:
Originally Posted by lmcdonald
Yes. "Supposed" may be the operative word here. :)
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