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California Family Code Section 213

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(a) In a hearing on an order to show cause, or on a
modification thereof, or in a hearing on a motion, other than for
contempt, the responding party may seek affirmative relief
alternative to that requested by the moving party, on the same issues
raised by the moving party, by filing a responsive declaration
within the time set by statute or rules of court.
   (b) This section applies in any of the following proceedings:
   (1) A proceeding for dissolution of marriage, for nullity of
marriage, or for legal separation of the parties.
   (2) A proceeding relating to a protective order described in
Section 6218.
   (3) Any other proceeding in which there is at issue the
visitation, custody, or support of a child.

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Last modified: January 12, 2009