Let me Try again Pro Per Help Please

[JoePant]

Dear Soc,

After getting screwed over by 2 terrible lawyers I have finally decided to take on my case pro per. Mediation has been finished already as well as the initial court hearing for OSC Child Custody Visitation and Support. I have Joint Legal and Joint Physical custody. . The other lawyer whom was asked by the court to prepare the formal order has not done so. This was ordered on October 26, 2004 I still do not have anything formal to go off of.  I am a ADA person so I participated telephonically. My case is in Orange County California. I am the Petitioner and my son’s mother is the respondent. We where never married and our 1 child is 2 years old.  our son is in child care 5 days a week and 10 hours a day. The mother does not want me to pick up our child early from school because she wants control and me to have as little time with him as possible. When I am available every Tues. and Thursday to be with him instead of at school.  I have our support hearing on February 8, 2005. I have received the minutes of the court. There are a few things that I would like you to address for me please. I will write exactly as it says on the minute report.

Court Orders both parents to attend parenting classes.

Court Orders both parents to mutual right of first refusal limited to 4 hours

The court orders petitioner shall have visitation as follows:
On the off week when the petitioner has no weekend visitation. Petitioner shall have Tuesday overnights and Thursday evenings from 5:00 PM to 8:00 PM. During the on weeks when the petitioner has weekend visitation, Petitioner shall have Tuesdays evenings from 5:00 PM to 8:00 PM and Thursday evening from 5:00 PM to 8:00 PM

Court adopts all other aspects of the parenting agreement reached as the court orders. ( I take this is the mediation agreement of the things we agreed on)

Counsel Famularo to prepare the formal order after hearing.

In the mediation agreement I have every other weekend from Friday at 5:00 PM until Sunday at 5:00 PM.

My questions are as follows.

1. Should I do a finding in order after hearing and do it myself?
2. Do I serve the other lawyer with a copy to sign then file it with the court?     Please any information would be helpful on the process?

3. My question is now with the court order of Right of First refusal of 4 hours does that mean I can pick up our child after 4 hours of her dropping him of at any 3 rd party location such as child care?

4.  Is there anything I can do that would make her take the parenting courses as ordered by the court

5. How can I make the mother pay half for all the Dr’s Bills that I have been paying?

6.  Can you run a dissomaster for me with, $600.00 income for me a month on SSI and $2000.00 for her a month? There will be no deductions for child care or health insurance because I have free benefits for him that pay for those. My time share is 37% right now.

7. What paper work needs to be submitted for the support hearing?  
8. When and If I do the finding in order after hearing what leeway do I have to put in terminology that helps to interpret or clarify the issues of ROFR and or other matters?

9. Is there an outline I can use anywhere to draft the finding in order after hearing or the formal order? A template somewhere?

 

Thank You,

Joe

[socrateaser]

>1. Should I do a finding in order after hearing and do it
>myself?

First, call the court clerk, or go down to the justice center and find out if the order was filed without it ever being sent to you (just in case).

Then, if no order was filed, you can prepare the order, but you'll have to send a copy to opposing counsel for approval, and if you hear nothing within 5 days, then you can send it to the court with a cover letter stating that opposing counsel never prepared an order, that you attempted to obtain approval for the order, from opposing counsel, and as you have heard nothing, that you are presenting the order for the court's approval pursuant to Cal. Rules of Court Section 391.

>2. Do I serve the other lawyer with a copy to sign then file
>it with the court?     Please any information would be helpful
>on the process?

See above.

>
>3. My question is now with the court order of Right of First
>refusal of 4 hours does that mean I can pick up our child
>after 4 hours of her dropping him of at any 3 rd party
>location such as child care?

The court only says that each parent must provide the other with the opportunity to exercise custody, if the parent exercising custody will be absent for more than 4 hours at a time. How you write it up and what other little extras you may want, are up to you to add, and up to your opponent to challenge.

>
>4.  Is there anything I can do that would make her take the
>parenting courses as ordered by the court

File a motion for contempt. You should note in your letter to the court, that your ex has not taken the class, because until she does, she cannot raise any custody related issues in court.

>5. How can I make the mother pay half for all the Dr’s Bills
>that I have been paying?

If the bills are less than 30 days old, then send them to her and demand reimbursement for one half, which is your right under CA law. If the bills are more than 30 days old, then you are in a gray area of law because the statutes are unclear as to whether the bills are enforceable or whether you have waived your right to reimbursement. I would send copies to her anyway, and maybe she'll pay them. Worth a shot.

>6.  Can you run a dissomaster for me with, $600.00 income for
>me a month on SSI and $2000.00 for her a month? There will be
>no deductions for child care or health insurance because I
>have free benefits for him that pay for those. My time share
>is 37% right now.

That is not even close to enough info for me to run a dissomaster for you. And, I'll charge $350 per hour. Go to http://www.nolooccidental.com and download CalSupport(tm) for $29.95. It is court certified software, the results of which OC Superior Court must accept.

>7. What paper work needs to be submitted for the support
>hearing?  


a. Motion and Supporting declaration to Establish Child Support
b. Financial Declaration

When you go to the hearing, you must bring your most recent federal/state tax returns and last 2 paystubs from your employer if any, or a P&L statement if you're self employed. And, it's a good idea to have a copy of dissomaster on a laptop so you can engage in a computer war with opposing counsel when he/she tries to fudge the numbers.

>8. When and If I do the finding in order after hearing what
>leeway do I have to put in terminology that helps to interpret
>or clarify the issues of ROFR and or other matters?

As long as you do not substantially modify or add to the court's orders, you can do whatever your lil' ol' heart desires. If you were a member of the CA bar, I'd say you could add the full text of Marx's Communist Manifesto to the order and the judge probably wouldn't blink unless opposing counsel did. But, as you're not, you need to be extra squeeky clean.

>9. Is there an outline I can use anywhere to draft the finding
>in order after hearing or the formal order? A template
>somewhere?

The forms are available online at http://www.occourts.org. However, as to your adding supplimental orders to the preprinted forms, that's where the rubber meets the road. I can't teach to how to be a lawyer in this forum -- you'll have to take yer chances with the magic words. If you want me to do it, I charge $350 per hour.

PS. Please tell me the name of your judge, and the names of the two attorneys who you don't like, and the name of opposing counsel. Thanks!

[JoePant]

Soc,

Thanks for your input on those matters. I will look into that site and the dissomaster program. What would you be able to do for me for the $350.00 an hour? And how long in estimation do you think it will take you to draft the formal order witht he right magic words and the findings in order after hearing? And anything lese you feel it is I need to do?

The name of the Judge Hearing my sace is Judge Jensen, My fist lawyer that I am takig to OC BAR Manditory Arbitration name is Mark Galyean and the last lawyer I hired who's firm was terrible was Krystal Clemens.

Thanks again,

Joe

[socrateaser]

Download FL-340 and FL-341, and FL-335. You should be able to figure out how to do the order just by checking the boxes you want. I think they cover just about everything that you're looking to get re custody.

If you can't figure it out, then let me know, and maybe just this once I'll break my rule and let you contact me. But, I don't really think you'll need to.

[JoePant]

I will look over the forms and try my best to fill them out. If I need help I will let you know but I think I will be ok.

I do however have a few more questions as something new arose. The facts are Judge Jensen has heard all my hearings thus far. I called the court today to ask where and when my next hearing is. They told me it will be in the same court room in front of Com. Posey as he took Judge Jensens place and Judge Jensen went to North Court. North court is still in Orange Count but is not the Lameraoux Center which is really just Family court. I have one of my witnesses that has appeared in front of Com. Posey in the past and Com. Posey was extremly biased towards men as my witness says and that if Com. Posey takes over my case that he will be even more biased towards me if he knows that my witness is involved in my case. So you know I also called the clerk today to see if there was ever a fidnings in order after hearing submitted by the other attourney and there is nothing on file. So it appears that I will need to do it myself. That way I can verbage it properly as well. On the contemp motion with my sons mother not taking parenting classes. That was ordered in October to do.

1. Is there a way for me to fromally request that  Judge Jensen Hears the rest of my hearings regarding my case instead of having this new judge come in and take over?

2. If so whom do I need to contact and or what forms must I fill out?

3. When and should I file a contemp motion for my sons mother not taking parenting classes that where ordered by the court?

[socrateaser]

>1. Is there a way for me to fromally request that  Judge
>Jensen Hears the rest of my hearings regarding my case instead
>of having this new judge come in and take over?

You have a right to refuse to have your case heard by a commissioner. You also have a right to file one peremptory recusal that will force the case to be sent to another judge at random. The latter right is lost if the judge currently assigned makes any order re the merits of the case -- after that, you're stuck.

>2. If so whom do I need to contact and or what forms must I
>fill out?

I'll have to look around for the form(s) -- I'm busy with other stuff at the moment.

>3. When and should I file a contemp motion for my sons mother
>not taking parenting classes that where ordered by the court?

That's probably a waste of time. All you're gonna get is the judge ordering her one more chance to take the classes. Then, if she still fails to abide by the order, you could catch a break, but by then most of this will probably be behind you anyway.

[socrateaser]

I think you should be aware, that while you may have had difficulties with Commisioner Posey in the past, he is definitely not known for a predisposition in favor of women litigants.

To the contrary, Posey was responsible for an extremely controversial ruling against a 67 year-old OC woman who had spent 15 years receiving substantial spousal support from her ex-husband while she obtained a master's degree in sociology, but was unable to maintain employment because of her own emotional instability (see In re Marriage of Schaffer, 69 Cal.App.4th 801 (1999)).

The appellate court ruling was 2-1, that is, there was a dissent, which in family law cases is very unusual. The dissenting justice, Sonenshine, would have maintained spousal support, but the majority believed that Posey had correctly determined that "enough is enough." Quoting the court:

"The new Judge on the case, Commissioner Walter Posey, prepared his own statement of decision, holding that Ida's 'ongoing poor judgment' in pursuing a career she had been warned not to pursue by the trial Judge back in 1980 was demonstrated by the fact 'this matter has extended nineteen (19) years since separation and fifteen (15) years since trial.' He found that for many years Ida had failed to diligently pursue employment, that lack of good judgment was 'complicated' by her voluntarily quitting her job because of 'stress' and that, even though she was now eligible for social security retirement benefits, she preferred to come back to court again to receive support from Benson. Thus, while awarding Ida's attorney $2,500 for his work, Commissioner Posey's order provided for no spousal support for Ida at the time." Marriage of Schaffer, supra.

I don't know what specific problem you've had with Posey, but I thought that you may want to consider all of the available facts before pursuing the alternative of trying to get a different judge, in that you might get referred to someone who's a whole lot worse than Posey. He, at least, has a record of getting to the truth of at least one matter.