Response declaration in custody case

[loadmaster]

What is the name of your state (only U.S. law)? ca
Hello,

I have already sent the opposing party in my child custody case a response declaration. I was on my way to file it at the clerks office when I noticed I need to change two words in it. Do I have to include an addendum stating that I changed the 2 words when I file? Or do I just explain I changed the 2 words when I go to court? Thank u 4 ur help.

 

[Hisbabygirl77]

I would say it depends on what those to words were example " i do drugs"
I do NOT DO drugs" very important two words there. Or if its "going to school in morning " and your trying to make it complete sentence " I AM going to school in the morning" see those two words not as important.

 

[loadmaster]

Yea I agree. Its just exchanging the word (this) for the word (that). I needed the court to refer to a document, and in doing so it comes across like I want them to refer to "this" document (the one I was writing) instead it should refer to "that" document. I mite b making a bigger deal than it is. I'm finding out if u dont cross ur t's or dot ur i's everything gets blown out of proportion. I'm just trying 2 prvent that.

 

[michandil]

Serve the other side with the documents that were filed with the court and include in your cover letter what the changes were, then file a proof of service with the court. Better safe than sorry.

 

[LdiJ]

What is the name of your state (only U.S. law)? ca
Hello,

I have already sent the opposing party in my child custody case a response declaration. I was on my way to file it at the clerks office when I noticed I need to change two words in it. Do I have to include an addendum stating that I changed the 2 words when I file? Or do I just explain I changed the 2 words when I go to court? Thank u 4 ur help.

Ok...bad advice here originally.

You were NOT supposed to serve the document on the opposing party until AFTER you filed it with the court. You were supposed to serve the opposing party with a stamped copy showing that it had already been submitted to the court.

Therefore, you need to make whatever changes you need to make, submit it to the court, get enough stamped copies to have one for you and one to serve to the opposing party, and then re-serve the opposing party.

 

[Hisbabygirl77]

Not really bad advice I dont think. I was under the assumption she was changing something she had already filed at courts served him and then wanted to add/change/remove something so she was filing a second part. Either way I still believe its what two words she changed that might make a difference on how indepth she has to go....but I could be wrong Im def not an expert Did you serve the other party before filing at the courts?

 

[Isis1]

Ok...bad advice here originally.

You were NOT supposed to serve the document on the opposing party until AFTER you filed it with the court. You were supposed to serve the opposing party with a stamped copy showing that it had already been submitted to the court.

Therefore, you need to make whatever changes you need to make, submit it to the court, get enough stamped copies to have one for you and one to serve to the opposing party, and then re-serve the opposing party.

oh son of a fairy princess, i didn't catch that.

OP, like LD said.

you take three correct copies to the court. they stamp all three, give you two back. then you take the opposing party's copy, have them legally served (love the sherrif service ) then file a proof of service. or not if you use the sherrif service since they do it for you.

 

[loadmaster]

Ok...bad advice here originally.

You were NOT supposed to serve the document on the opposing party until AFTER you filed it with the court. You were supposed to serve the opposing party with a stamped copy showing that it had already been submitted to the court.

Therefore, you need to make whatever changes you need to make, submit it to the court, get enough stamped copies to have one for you and one to serve to the opposing party, and then re-serve the opposing party.

See that is actually the way I thought it was supposed 2 b. However, when I had taken my paperwork to the clerk to file, I did not know about proof of service. She gave me a blank one to use. Gave me my paperwork with no stamp, told me after finding someone 2 do proof of service, bring it back and paperwork would be filed along with proof of service. So now what do I do? I no the other party has recd there copy, And I am due back in court on friday. thanks 4 ur help

 

[loadmaster]

Ok...bad advice here originally.

You were NOT supposed to serve the document on the opposing party until AFTER you filed it with the court. You were supposed to serve the opposing party with a stamped copy showing that it had already been submitted to the court.

Therefore, you need to make whatever changes you need to make, submit it to the court, get enough stamped copies to have one for you and one to serve to the opposing party, and then re-serve the opposing party.

See that is actually the way I thought it was supposed 2 b. However, when I had taken my paperwork to the clerk to file, I did not know about proof of service. She gave me a blank one to use. Gave me my paperwork with no stamp, told me after finding someone 2 do proof of service, bring it back and paperwork would be filed along with proof of service. So now what do I do? I no the other party has recd there copy, And I am due back in court on friday. thanks 4 ur help

 

[stealth2]

I hope you managed to avoid the "text speak" in your filing.

 

[Just Blue]

I hope you managed to avoid the "text speak" in your filing.

One would hope...

See that is actually the way I thought it was supposed 2 b. However, when I had taken my paperwork to the clerk to file, I did not know about proof of service. She gave me a blank one to use. Gave me my paperwork with no stamp, told me after finding someone 2 do proof of service, bring it back and paperwork would be filed along with proof of service. So now what do I do? I no the other party has recd there copy, And I am due back in court on friday. thanks 4 ur help

Please get used to proper capitalization, punctuation and grammar...Thank you!!

 

[loadmaster]

One would hope...



Please get used to proper capitalization, punctuation and grammar...Thank you!!

Yea your right, I apologize that was not the proper way to convey my question and response. Makes me come across like an idiot. However, I did not file my paperwork in "text talk" so I guess I can feel a little better about myself for that. In regards to my original question, it looks like I have no choice but to go to court on friday and see what the judge says about no file stamp on the declaration I sent to the other party. Thank you.

 

[loadmaster]

Not really bad advice I dont think. I was under the assumption she was changing something she had already filed at courts served him and then wanted to add/change/remove something so she was filing a second part. Either way I still believe its what two words she changed that might make a difference on how indepth she has to go....but I could be wrong Im def not an expert Did you serve the other party before filing at the courts?

Yes, I was unaware I had to send a response to the other party. I misundestood when I was told in court, that I had to respond to the court in writing. When I went to the clerk to file my response, thats when I was informed of having to send the other party a copy of the filing, in addition to filing a proof of delivery. They gave me a blank proof of delivery, explained how it worked, and that after having someone else sent it to the opposoing party, I would need to bring it back to court and have it filed as well as my paperwork. Now I have sent there copy to them with no stamp on it. I have since found out from this site, it should have been stamped and I am due back in court on friday.

 

[Hisbabygirl77]

You have it filed at courts now correct? So hurry down to the post office and take a chance at overnight mail ....at least then you can tell the courts once you realized you were suppose to give them a stamped copy you mailed them one. Cross your fingers it arrives in time.

 

[loadmaster]

You have it filed at courts now correct? So hurry down to the post office and take a chance at overnight mail ....at least then you can tell the courts once you realized you were suppose to give them a stamped copy you mailed them one. Cross your fingers it arrives in time.

This is a total mess. Sent opposing party the original, went to the clerk to file was told they couldnt because it was a copy. Filled out new paperwork, and now I have to find someone to sign proof of delivery. I cant believe I have made this so hard. Thanks for your advise.