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Topics - mishelle2

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Dear Socrateaser / CA,,FL issue update
« on: Jul 19, 2006, 08:08:46 AM »

Not sure if you remember, so heres a few basics, had custody case in Fl I (dad) live in CA, after a year and half FL gave case the boot and said CA should have juris...  so I filed in CA where I live, had initial hearing, judge granted what I asked for and ordered mother to immediately pay me for childs airline ticket to return to FL and ordered mediation.

I set date for mediation, bm refused to check in, her attorney says she doesnt know whats going on she cant get ahold of her client, in the mean time bm only calls 1 every 2 weeks, to speak with child. Now she has only spoken to her twice in 4 1/2 weeks,
Submitted papers to judge to reorder mediation (as per local rules)  judge ordered mother did check in but attempted to change date of mediation, they refused, bm still has not paid for return flight, mediation is tomorrow, child is supposed to leave Sat.  

My atty told her atty June 10th that if payment is not received prior to childs leave, child will not be on plane.  I have attempted to talk to bm on the rare occaseion when she calls, but everytime I get on phone she hangs up.

Im not even sure if bm will call in to mediation .. but we'll see.

1.What are my options?

2. Can I get in trouble if she is not on flight?

Dear Socrateaser / update on CA FL .. case and a few ??'s
« on: Jun 13, 2006, 08:00:32 AM »
ok soc, Im confused......

Not sure if you remember, I had a case in FL that was dismissed as CA should have it. I filed in CA we went to court, both parties have attorneys, we were referred to mediation, the court waved the orientation and bm was to appear by phone, mediation is scheduled for Thursday.
 Well I  submitted my intake forms, and I got a call from the mediation department, (I wasnt home it was on my machine) they said, bm never called to check in for mediation, they need to know if she knows theres mediation, and for me to call and let them know.

BM has a family law atty, and on the petition for custody it says mediation is mandatory, and during court we made all these arrangements for her to appear by phone, the only thing she had to do was call in for date. Which she didnt do.

1. What will happen with my case?

2. Will they just give me custody recommendation since bm didnt show up?

3. Since bm has an atty, it is her atty's job to make sure she has all info right????

4. Any suggestions?

thanks a million

Dear Socrateaser / legal age for child to be left home alone in FL?
« on: May 31, 2006, 08:35:23 AM »

I have mediation in 2 weeks, my daughter has only been here for a few days, and she has told me that she is left home a lot at night while her mother and mothers boyfriend go out.


1. Is there any laws (florida) that say how old a child must be before they can be left alone?


Dear Socrateaser / Re Update and a few ?? after court,
« on: May 22, 2006, 08:41:03 AM »

If youd like you can erase the posts below ...

ok so, you talked of a 730 eval in the previous post, however, in my county you go to mediation, they speak with you and the other parent one day, and then the next day they speak with the child.( I have done this 3 times when going through court with my son.) They routinely speak with children over the age of 6, and from what I have seen they put a great impact on what the child wants as soon as they are able to vocalize it and understand what they are asking.
 If no agreement is reached, the mediator writes a recommendation to the court and then you can either agree with the recommendation, allow the judge to take it into submission or schedule a hearing. If a hearing is scheduled the mediator comes and testifies in regards to her recommendation.

1. So I was just wandering what would happen if during the meeting with the child the child says.. hey I wanna stay with my dad,and shes almost 13, would the mediator lean towards childs wishes.. or .. not..

I realize you dont read tea leaves, and that may be a tea leaf scenario... if so .. sorry

Dear Socrateaser / FORM TO FILE
« on: Mar 16, 2006, 01:36:16 PM »

Can you tell me what form to file for a change of venue in CA. I have looked and cant find the form number.


« on: Mar 15, 2006, 08:35:28 AM »

.. You have given me advice previously on this issue, not sure if you recall, CS mod hearing in Orange County CA next month, Custody hearings have been in Fl, Fl court says they shouldnt have jurisdiction over custody/visitation even though child has lived there since 1999, they said Ca should,
       Court had hearing for dismissal, BM atty asked for FL to keep juris, and said they would come to agreement, OUr atty said move to CA, Judge gave BM 20 days to come to agreement or he dismisses to CA.
      Well Bm has until Monday to have signed agreement in to Courts, my atty has not heard one word from her atty since dismissal hearing, and with only 3 working days left, so doubtful an agreement will be reached.
    I spoke with atty here in my area (I dont live in Orange County, 11 hours away) he said we can have court here order the Orange county court to transfer child support case to this county, since custody/visitation is now a CA issue and neither party lives there.
    I have never heard of this, I called and spoke with court supervisor of CS department, she said that is the best route, otherwise it could be a very long process of changing venue on my own.
      You previously stated that you were unsure if Id get a better deal in FL, and I was willing to come to agreement with bm through FL courts but since bm is unwilling, my atty will file dismissal on Monday. Atty's here in my area are 1/2 of what they are in FL therefore it would be financially beneficial to fight the fight here
        It is my belief that bm is doing this intentionally as I am supposed to have spring break  and she knows dragging her feet will make it impossible for me to get an order  here since it is next month.  Bm has almost cut off all phone contact with daughter, (I can provide phone records, I supply child with toll free # for this purpose)

     1. Have you ever heard of filing for custody/visitation in one county and having a support order in another?
     2. Can my local court order a transfer of case to my county for CS to combine the cases?
       3. Will I be able to get a temp order in CA for summer (I can prove with documents that I have had all previous summers)
     4. Since mother is only allowing phone contact 1 every 3 weeks will this have bearing on case? ( I have email from bm stating its not her job to have her call shes not my secretary)

     5. any other input??

Thanks soc...

Dear Socrateaser / CS mod in CA
« on: Mar 09, 2006, 11:56:20 AM »

You had previously helped me in the past on this issue, I have a modification hearing scheduled, and am preparing my supporting declaration, I realize that the child support office is required to set support according to guideline, but in some cases they dont, prior to this modification getting approved I had previously applied for a modification 3 other times, all being denied for no change incircumstance, thus costing me over 7000+ in interest and arrears.

my question is:

1. If I can prove that at the last time I applied for a modification that it was unjustly denied,(have paperwork from DCSS to prove it) can I ask the court to set aside interest/arrears owed for that period of time?

2. Is the custodial parent required to notify the DCSS of changes of income and visitation?

3. Since neither parent lives in County that has support case can I request a change of venue to my county at the modification hearing? (mother lives out of state)


Dear Socrateaser / custody.. sticky & urgent issue
« on: Feb 25, 2006, 09:57:46 AM »
ok soc, I have gotten your advice on Child support issue in Orange county CA, now a new issue has just arrived .. regarding visitation,

Mother is in FL,I am in CA, mother moved to FL in 1999 without me knowing, however there was no order establishing custody/visitation in CA just child support/ (parental relationship box is checked too on order but nothing is listed)  
in 2004 child did not want to return home as she was not being treated good by stepdad, when I spoke with mother regarding this she didnt care, and said she wasnt going to allow child to return to CA any longer,

 therefore I refused to send child to FL, mother got emergency order from FL judge for me to return child, I did, since then we have been fighting back and forth via atty in FL and me getting summer visitation via temp court orders, No Permanent Orders have been made, other than temp orders for visitation, Fl has not given mother or me any titles regarding custody, and mother has not attempted to have courts deem her as sole custodial parent, or even primary residential parent.

fast forward to yesterday, I get email from atty saying a  new judge has taken over & reviewed case file and the judge himself filed for a dismissal of entire case judge said FL does not have jurisdiction, based on some FL statute, that CA maintains jurisdiction and he felt  it is better suited for case to be heard in CA, as CA also has CS order, he has set dismissal hearing on Tues.,

I am all for moving case to CA.  however confused as to how and where to proceed after/if case is dismissed in FL. My atty said he spoke with her atty and he agreed it should be handled in CA but not sure what his client (mother) thinks (I think her unwillingness to co-parent is driving  him nuts.. I mean for goodness sake she hired a fathers rights atty to represent her..and hes had to contact me to get her  contact info..  just my opinion)

My atty is going to ask judge on Tues to enter temp order for me to have child for spring break, since mother and I previously agreed on this and now mother is refusing, we were going to file a motion for this, but then this all happened


1. What do I do if/when case is dismissed in FL

2. Do I file in Orange County CA since that is where support order is?

3. Or do I file in County I live in since seperate issue?

4. Any other input?

5. Would this be considered divine intervention from the powers that be.. since mother is so blatantly unable to co-parent?? (ha ha more of a thought out loud vs. a question)

thanks again..

Dear Socrateaser / cs in ca/ & did what you told me to do
« on: Feb 21, 2006, 01:27:21 PM »

Ok,, so I sent letter to DCSS requesting updated I&E's for mother, I received them yesterday, (wow quick) With those it shows bm makes 3k per year, more than on previous I&E from 2004, Under Additional expenses for the child in this case, bm asks for BF to pay for braces for child, yet supplies no amount, just writes in no estimate,  then under special hardships  she lists  no amount, and wrote look at I&E,

1.  Will courts order bf to pay for braces when they are for cosmetic purposes only?
2. What is considered uncovered medical expenses ie: 1/2 copay 1/2 deductible?

2. What  else can court legally make him pay for when parents werent married, as additional support in CA?


Dear Socrateaser / child support mod CA
« on: Feb 13, 2006, 12:11:35 PM »

 have court date for CS mod, in CA (orange county), bm/cp didnt respond to requests for I&E's from DCSS, therefore DCSS submitted to courts the one they have on file,  which is almost 2 years old, You previously said I could write letter to DCSS requesting updated I&E's.

1. I am unsure what to say in this letter, Can it be pretty short and to to the point?
2. I would also like to know, when we go to court can I ask that I claim child on taxes every other year? (parents never married, mother has child 80% father(me) 20%)
3. any other insight?

thanks again..

Oh and previously I told you I was on reserve list for court, I called again and asked what that meant, they said that they had no clue, and that it now showed me on calendar.

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