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Please clarify. there is ONE restraining order or TWO?

>we have a 1 year old restraining order on each other that we
>don't respect since we keep calling each other, ....
>I want to terminate it.
>what type of motion do I need to do ?
>

Lets do communicate, my e-mail address is [email protected]. Drop me a line so I can add you to my address book.

Tell me about it. I went at least 3 years without talking to my daughter and 4 years without seeing her. I went to her Graduation last year and she hasn't spoken to me since.  I imagine this will be the norm for many years to come. It truely is sad.

I once made the comment to Glenn Sacks that my ex was basically a good mother, then he corrected me, if she's withholding your involvment then that cancels out everything else.

I filed a lawsuit against my ex for $1.18 Million dollars with multiple causes of action. Naturally knowing full well that my ex habitually tossed legal papers in the garbage. This habit was formed because she knew that Child Support Services was working on her behalf and she need not pay an attorney to represent her interests.

Well, thanks to DCSS, I now have a default judgment. My next step will be difficult. I must prove to a judge that I have suffered damages and that I deserve a money judgment.

It won't be easy. Case law overwhelmingly supports the concept that torts against exspouses are suppose to be dealt with in family court. We know that's a joke. There are some exceptions and the case will rely entirely on expert testimony and hopefully an impressive trial brief for the prove-up hearing which will be prepared by me.

If I prevail, I will have all the leverage I need to relieve myself of any obligation that she wrongfully obtained in family court.

Wish me luck and good luck to you as well.

Let me give you some friendly advice. When my daughter was 14 she told me she hated my guts because I didn't give her mother enough money. Though I tried to continue our relationship the best I could, I found her non-responsive and steadily decreased my attempts to resurect my relationship with her. This lead to less and less likelihood and content with the current arraingments for both of us. We became accustom to not talking to each other. This was the worse mistake I've made. Though I know my daughter has absolutely no respect for me, she may never have any now that we've grown so far a part. It's been nearly 7 years and I've seen her once (at her graduation) and talked to her twice.

This is why, in my opinion, the towel should NEVER NEVER be tossed into the ring.

Dan Curry.

The typical language in our courts are "Neither party shall REMOVE the child(ren) from the County or State without written permission from the other parent or the court.

And our courts interpret that to mean leaving the County or State for any reason.

My prayers have been heavy for the last week and will continue to dominate my life as I feel a great loss in my heart for myself and two very important people to me. SLY and her spouse have been an important part of my life for the last several years and instrumetal in helping me maintain a calm through the most difficult time of my life.

SLY, both you and your SD are wonderful people as was your husband and I am honored to have known all of you. Only God knows our purpose in life while we struggle to discover it for ourselves. I venture to guess, by the quality of your character, your purpose may be a grand one indeed. May God bless you and all those around you that are suffing now.

Dan Curry.

That must be a local form. I've never heard of it.

Well, usually, the hospital has you sign a Declaration of Paternaty. If you signed it, you are recognized as the father. Also, if the CS Department has started a case, they would have to have some reason to seek you. Either a copy of the birth certificate or a statement from the mother. However, until you file a Petition to establish, you are only recognized as a party obligated to support that child. The Petition allows you to exercize your right to Custody and Visitation, without it, and prior to its filing, you are just a wallet.

 

You might want to check the court records before you file. Sometimes a Child Support action has been filed and you must file your action on the same case number as the support action..

Funny how those women attorny's always advise guys to "Do it Yourself".


You need to prepare the following forms.

Petition to Establish Parental Relationship. FL-200
http://www.courtinfo.ca.gov/forms/fillable/fl200.pdf

Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. FL-105
http://www.courtinfo.ca.gov/forms/fillable/fl105.pdf

a Summons FL-210
http://www.courtinfo.ca.gov/forms/fillable/fl210.pdf

Proof of Service Summons FL-115
http://www.courtinfo.ca.gov/forms/fillable/fl115.pdf


You may as well include the Income and Expense because DCSS witll be looking to determine how much support you are going to be ordered to pay.

Income and Expense Declaration FL-150
http://www.courtinfo.ca.gov/forms/fillable/fl150.pdf


You can do this by yourself. Most certainly. However, if you expect the mother to be cut-thoat, then I would gladly pay an attorney, just not the one you mentioned because it sounds like she'd prefer you get reamed by the system.


After you have completed them, Sign them then make 3 additional copies.

the Mother will have to be personally served and the Proof of service will need to be filed.

You'll also need to know when to set it for calendar, though the clerk should be able to help you with that.


Good Luck.