CA Log Form: Supervised Visitation and Exchange Services 2009-2024 free printable template
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Hi it's Wendy Hernandez with command the courtroom in today's video want to talk with you about writing and the reason I want to talk with you about writing is this a couple of weeks ago I consulted with the potential client and this potential client had gotten a document preparer to help him and preparing a petition to modify custody and parenting time of his children what ended up happening though was when the judge took a look at the clients petition to modify that the document preparer had prepared the judge found that that petition did not set forth a legal reason for custody to be modified and as a result the judge just dismissed the case the judge didn't even get the Potent potential client a hearing and I will tell you that doesn't happen a lot but more and more judges are doing it because they're so overwhelmed with cases and if they don't find that the person establishes the bare necessity of what they need to in their motion and their pleading the judge may dismiss the case, so this is my tip that I gained, and I want to share with you from that experience that my poor potential client had and that is this when you are preparing or writing a petition to modify or any kind of petition to that matter the facts of your case are very, very important, and you have to lay those facts out there the judge has to understand why your case is different from all the other cases he or she is handling the judge has to understand if you're seeking a change in custody why a change might be warranted so for example in Arizona in order to modify custody or parenting time you have to show the judge that there's been a substantial and continuing change in circumstances, but it's not enough to just say in the motion that you're preparing that there's been a substantial and continuing change in circumstances you have to set forth the reasons why there's been a substantial and continuing change in set of circumstances, so I'm guessing whatever state that you're in whatever country that you're in if you want to change something with a court you're going to have to the court why it should be changed, so this is where the facts become very important you don't just state the legal standards the legal basis for changing and saying you want to change because there's been a change in your situation you say why you say maybe it's been five years since the original custody and parenting plan has was entered, so time has passed but keep in mind time alone is probably not going to do it you may add on for example say your child is doing differently in school than he or she was before recently there's been a decline in grades or that the school is closing down maybe you've gotten remarried or in a new relationship maybe the child has new siblings or step-siblings there are a lot of reasons why a case may be changed, and you have to set those forth you have to tell the judge exactly why you're requesting the change details matter facts matter and if you don't lay it out...
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