[Smith44]

Hi,

Can anyone tell me what the next step is going to be? I have a citation hearing set for next week. I just received a letter from our attorney saying that the BF sent a letter to the court saying that he is contesting. She said they will appoint him and attorney and they will also appoint an attorney to my children. Is it common for the children to be appointed an attorney? My youngest does not even remember the BF. I am very nervous and I want everything to turn out in the best interest of the children. He also asked for a continuance. Will the court grant him that? He has not been in their life for over two years and has not paid support. Any advice would be helpful. Thank you.

[Kallen330]

The court will in all probability grant him a continuance. They have to allow his attorney enough time to become familar with the case.

It is not unusual for the court to appoint an attorney for the children. This is often a good thing if you as the petitioning party do not have one yourself. If the child wishes to be adopted they argue for adoption on behalf of the child.

Hope this helps!

[Smith44]

Thanks Kallen, it does help. Is it common for the court to accept a letter? I was surprised when I read the letter, becuase it was very general.
Thanks again.

[Kallen330]

Many times they will accept a letter. When they are served the summons states they need to notify the court if they contest. A letter is notification however, the ex still needs to show up at the hearing.

[Smith44]

Will the BF have to show up at the hearing and the trial, or just the trial? I was not sure if because he was appointed an attorney and he lives out of state if the attorney can stand in for him. The next court appointment is a hearing to schedule the trial.

Thanks!

[Kallen330]

He does not have to show up and it is in your favor if he doesn't. The attorney can stand in for him but without your ex there to counter argue any testimony you give you have the upper hand. Depending on how it all goes you may get termination by default.

Hope this helps!

[Smith44]

Is it possible for him to testify over the phone if he is out of state, or will he have to come to CA?

Thanks!

[Kallen330]

That would have to be decided by a judge. You would have to agree to it as well I believe.

I hope this helps!