Quick question...
My X defaulted on the court papers, so my lawyer filed a default, and I get what I requested. My X is mad that he isn't getting what he wants, and told me that he was getting a lawyer and taking me back to court. Can he do that so soon after the court order is set? Isn't there like a 6 month waiting period before anything can be changed? I know that's how it was when he was going through court with his daughter's mother - he couldn't change the visitation for 6 months.
Also, there is a restraining order that lasts for 3 years. I think I heard something about everything in the restraining order (including child custody) remains the same for the 3 years of the restraining order, or until the restraining order is dropped.

Am I correct on the 6 month thing? Isn't it a prevention so parents aren't spending every week in front of the judge, changing the custody/visitation stuff?

Dom will have to help you with since since he lives in California.

In PA and DE, you can have the court order changed at anytime. To do this you write up a petition and file it. After filing it you bring it to a room which gives you a court day and time, along with the judge or master presiding. Apon appearing before a judge or master, they decide if a change is nessisary or not.

If he didn't have a lawyer present the first time, his lawyer can claim that he was not represented fairly and use that as a way to get past something like a 6 month waiting period. No matter what the law is, there is always a way around it. I learned that before studying to become a lawyer. It just depends on how good your lawyer and his lawyer really is. They mean it when they say you get what you paid for. I paid $6000 to my lawyer, my EX only paid $1500 to hers. Her lawyer is an idiot that I beat in court before I had a lawyer, when I did get a lawyer her lawyer was actually very nervious thinking that I just got lucky (I did my homework and was prepared, hit him with things he didn't know about. Now he created lies and statements for my EX but the damage was already done).

Remember though, no matter how good a lawyer you get, the best person to fight your case is yourself. Document everything and just be prepared for anything and everything. Tell your lawyer everything you BOTH did wrong and right. Your lawyer needs to be prepared to protect you from anything your EX's lawyer throws your way!

He wouldn't be able to use "represented fairly". Seeing as he has been through court before for his daughter, and there is a free legal service where he lives that he is able to go to at any time, and find out what he needs to do. He was just lazy and expects everyone to and things to him. But I'll keep an eye out and see if he tries to pull a slick one. But I don't think he would be able to get away with it. Seeing as this isn't the first time he has gone through custody/visitation stuff.

Meggin,

You can argue that but then again if he never had legal representation in the past, he can still claim he never knew his rights. Like you said, keep an eye out.

Glenn

http://www.womenslaw.org/CA/CA_custody.htm#12

http://www.womenslaw.org/CA/CA_custody.htm#14

These should help answer your questions. The first is about him refiling for a custody change, basically he'll need to show a "substantial change in circumstances". My opinion, it sounds like he may have thought he could just ignore it the first time and they wouldn't make a decision without him, his mistake and bad judgement. I don't see that anything substantially changed but be sure to discuss with your lawyer what he said about refiling to get his opinion.
The second is about custody orders that are placed in conjunction with a restraining order.