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Author Topic: CS MOD IN CA & NOW CUSTODY ISSUES  (Read 1005 times)

mishelle2

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CS MOD IN CA & NOW CUSTODY ISSUES
« on: Mar 15, 2006, 08:35:28 AM »
Soc,

.. 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)

questions:
     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...





socrateaser

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RE: CS MOD IN CA & NOW CUSTODY ISSUES
« Reply #1 on: Mar 15, 2006, 08:47:10 AM »
>questions:
>     1. Have you ever heard of filing for custody/visitation
>in one county and having a support order in another?

No, The court will either permit the change of venue for the whole case, or maintain it in OC. It's inefficient to do otherwise.

>    
>     2. Can my local court order a transfer of case to my
>county for CS to combine the cases?

Nope. Got to file the motion in OC.

>        
>       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)

I don't read tea leaves.

>        
>     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)

Under CA law, the best interests of the child includes providing close and continuing contact between parent and child -- so, actually it is her job.
>
>     5. any other input??

Nothing comes to mind.

 

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