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HomeFamily CodeDiv. 2Pt. 2§ 213 Family Court Affirmative Relief

§ 213 Family Court Affirmative Relief

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 213 Family Court Affirmative Relief

This law lets the person responding to a court request ask for something different than what the other person is asking for, as long as it's about the same problem.

Key Takeaways

  • •This only works in family court cases, like divorce, child custody, or support.
  • •You have to ask for something different but about the same issue.
  • •You must file your request on time, following court rules.

Example

A mom asks the court to let her move away with her kid. The dad doesn't want that, but instead of just saying no, he can ask the court to give him more time with the kid instead.

The dad can use this law to ask for his own solution to the same problem, rather than just fighting the mom's request.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 213 Family Court Affirmative Relief

(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. (Amended by Stats. 1993, Ch. 219, Sec. 83. Effective January 1, 1994.)

Last verified: January 9, 2026

Key Terms

order to show causeaffirmative reliefresponsive declarationdissolution of marriageprotective ordervisitationcustodysupport of a child

Related Statutes

  • § 215 Post-Judgment Order Notice Requirements
  • § 20000 Child Spousal Support System
  • § 20019 Child Custody Mediation Requirement
  • § 2348 Marriage Judgment Reporting
  • § 240 Temporary Restraining Order Application

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 213.
View Official Source