Q's on seeking affirmative relief in responsive dec

[DecentDad]

Hi Soc,

Reminder - ex has filed what you concluded was frivilous action seeking modification to sole custody, in addition to eliminating child's overnights in my home.

I haven't yet responded, so I still have the blank Responsive Declaration form (FL-320) to file with my response.

A) I don't think there are grounds for either side to modify custody, nothing has really changed since 9 months ago when final judgment was entered.

B) I've been putting together an evidence-based argument that instead of waiting until 2006 per 730 custody evaluator's recommendation to move to a true 50/50 schedule, it seems mother is having major problems with the current 35/65 schedule (per her declaration, she projects that all of her difficulties with daughter are a result of my home); that it's in daughter's best interest to move up to 50/50 today (instead of 2006) for her stability-- keeping joint/joint in place.  I also think requesting this in my response increases odds (who knows how much) that mother will withdraw her OSC prior to hearing... else, she has nothing to lose.

C) Not wanting to risk a new judge (if not transferred back) making a decision on false info, I'm responding point-by-point to every untrue allegation mother yet again makes about me.  I use her past testimony (especially deposition transcripts) and other convincing evidence to refute most of it.

D) My biggest goal is to not lose anything from the status quo, so I'm happy if everything gets tossed out at the OSC hearing.  I'm estatic if judge leans my way on modifying the parenting plan to increase my custodial timeshare in any amount.

As a result of B & C above, my declaration is currently a very apologetic 37 pages (seven sections) plus many exhibits-- all relevant info "to ensure the court is not swayed by the very disturbing but unfounded characterizations" the mother continually makes about me.  I've never submitted one this huge before.  I'm hoping that including all strong relevant info, witness declarations, and exhibits will protect me from any abuse of discretion.  

1.  Given my goals (either everything is dismissed or I walk away with something), what's the upside (if any) and downside (if any) to submitting such a long responsive declaration?

2.  In requesting affirmative relief (i.e., 50/50 and switching back to prior judge), where do I do that on FL-320?  Does the 50/50 get placed on the form under Visitation "Don't consent to order requested but consent to following?", or does it all go under #8 Other Relief?

Thanks,
DD

[socrateaser]

>1.  Given my goals (either everything is dismissed or I walk
>away with something), what's the upside (if any) and downside
>(if any) to submitting such a long responsive declaration?

The upside is that you cover the waterfront. The downside is that if it's more than 10 pages, the judge may refuse to read it. I strongly suggest that you cut down the size of the declaration itself -- you can submit as much evidence as you want, but the pleading should be no more than 10 pages -- 15 at the absolute outside limit, and I'd be very wary of even 11 pages. You don't want to appear to be obsessive.

>2.  In requesting affirmative relief (i.e., 50/50 and
>switching back to prior judge), where do I do that on FL-320?
>Does the 50/50 get placed on the form under Visitation "Don't
>consent to order requested but consent to following?", or does
>it all go under #8 Other Relief?

You just put at the end of the declaration, "For all of the foregoing reasons, I hereby request:

1.
2.
3.

and tell the court what you want. Part of your declaration should have been the facts upon which you base your request that the case be transferred back to the prior dept.

[DecentDad]

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