Messages

Soc,

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

Soc,

Right now, What I have asked for in my petition is :  Every summer, every other Winter and Spring break (joint legal/joint physical)
However when mother responded she didnt say anything about what she wanted, I was just curious if she would need to submit something prior to mediation, as in the past with my sons case, both parties said what they want so the mediator knows what to mediate..  I am all for mediation as I have bent over backwards attempting to compromise, to be stonewalled by bm. My attorney is pretty straight up, he has yet to tell me to ask for the impossible (with my sons case) so I am confident he'll do just as good with this one.
However our daughter is almost 13 (in OCT) and she has always wanted to live here with me, if she is interviewed and says I want to stay here with my dad..  (I know you dont read tea leaves but.. )

What will happen if child states to mediator she wants to stay here in CA?

Any other suggestions?

Soc,

 Just wanted to let you know how it went, .. well we were in court all but 3 minutes, her attorney started in about jurisdiction, my atty cut her off reminding judge of dismissal in FL and the judgement for parental relationship.. judge said case in FL was dismissed, CA should have had jurisdiction entire time, DAD has always had daughter for summer and this will continue, dad will have whatever dates he wanted and parties will have mediation while child is here and child can be interviewed. DAD will pay for entire airline ticket and mother will send him a  check for 1/2 immediately.

Well bm blocked all emails, when I tried to send airline itinerary, therefore I faxed them to her work, and my attty faxed them to her atty. So.. we'll see if she is going to put her on the plane next Sat.

but I do have a question

in bm's responsive declaration, she didnt ask for any custody/visitation she only put this should be litigated in FL.

1.Doesnt she have to ask for what she wants prior to mediation?
2. If she doesnt what happens?

thanks..

OK, SO I spoke with atty office today, and .... atty went through case with fine tooth comb, he said exactly what you said and he also said that he believes that if the bm would have given the FL courts a true copy of the child support order(she only submitted a copy and you cant see parental relationship on it.. so its a dr'd copy) that her case would have been tossed in the first place, as the judgement clearly states:
 JUDGEMENT ESTABLISHING PARENTAL RELATIONSHIP AND CHILD SUPPORT: THEN IT SAYS: THE COURT PURSUANT TO ... OF THE CA CODE OF CIVIL PROCEDURE, HEREBY RETAINS JURISDICTION WHICH PERTAINS TO THIS JUDGMENT.

my atty is preparing a response to her dec.. and well see monday how it goes... However I am confident in my atty, as I have heard the judge tell other attys to call him for clarification as to what the law means.

thanks soc...

OK, so got a response today in the mail, she subed in an attorney, who as my atty said today (when I subed him in and cut him a check) is just wet behind the ears, (shes been lic for 4 years practicing under a criminal law atty, has been doing family law for a few months) (hes been family law only atty for 32 years)

anyways, all her response says is:

 Other: I consent to the following order:  florida should have jurisdiction as it is childs domicile since 1999
UCCJEA prioritizes home state jurisdiction in section 201

the state which is home state of child currently, or was the homestate within six months of the commencement of the proceeding if the child is absent from the state but a parent or acting parent continues to live in state.

1.Doesnt that last paragraph, prove my case for me?? since I have never left the state of CA??

2. What do you think of this?

well, come to find out, she owes her atty in FL $$$$ so he didnt even show up to the last hearing, he called my atty night before and said, I agree with you, my client doesnt but well agree to voluntary dismissal, then didnt show up for hearing.. soo.. for her to challenge it she'll have to come up with $$$$ ..My atty in Fl used to be state prosecutor, so he knows his stuff, he listed all state statutes in motion to dismiss on uccjea issues, FL and CA so its pretty easy for judges to read and see whats going on.  Heck I even submitted a copy with my OSC here to make the judges job here easy...
I guess we'll see at the hearing Monday,  I will have order prepared in advance and then if shes a no show submit it for signature, serve bm a copy with flight itinerary and if child is not on plane, turn it over to our local unit for parental kidnapping, my atty says they will track her down.


sooo I guess well see
I was thinking of sending bm an email, stating I didnt receive her responsive declaration,(keeping it nice and written out of concern for my visitation for my daughter) she usually sends back nasty emails..

good idea or no?
advice?

OK.. I spoke with the atty here, and I am subing him in just to speak at the hearing, he looked at all the paperwork, and said this is easy (which he said before) he also said, our local court will not allow the response later than Friday as monday is court, as the judge has a huge case load. But I am sure the bm thinks that if she doesnt respond shes not submitting to CA jurisdiction.

Soc,


Well, I havent been served a response yet, and I spoke with the clerks office, no attorney has been subed in. Mother was to have papers filed and served by today, I would assume that when bm read papers and judge put in that she is to have response in and served by today that she would not know that as long as its in before court shes fine.. so..I know.. today isnt over, and I could be served today....


questions:

1. How long before court does the opposing party have to give notice of subing in an atty?

child support order was 3 years prior to mothers move, also support order states CA has jurisdiction over parental relationship issues. But no custody determination was ever entered.
Since no custody determination was ever made I was allowed to file in the county I live in since neither party live in county where support was ordered.  I have never left the state, and mother left the state without notifying me.  Fl has released jurisdiction to CA.

1.What if response comes in after the alloted time?

ok,, so after getting the bill from FL atty, hiring one here, wasnt an option that day, however I did file all paperwork, and asked for order shortening time and service, which was granted.  I have spoken to the atty I have used in the past and he has agreed to be subed in if I need him.

The commissioner gave me 3 days to get my paperwork from CA to FL and have her served.. which I did... by a process server.

 The commissioner gave the mother until Monday  to have response filed and served on me. My local  court does not allow fax filing.
Mother still thinks that FL has jurisdiction even though FL case was dismissed, therefore she may just ignore petition.

questions:

1. IF mother does not file response according to commissioners date, what happens?

2. Can mother refuse to submitt to CA jurisdiction?

3. If mother ignores petition then what, I win by default????

thanks