"Significant Circumstance Change" ; where to find in CA legal code?

[linderama]

NCP is requesting a modification of custody, however there's been no change in circumstance that would warrant this.  I am writing the response under Points and Authorities, but need to pinpoint the section in the CA state code.
Thanks for any help!

[ocean]

I am not in your state so can not help with exact statues. What is the other parent saying as the reason to change custody? I would try to get it dismissed BUT family court usually will hear the case so get your ducks in a row to prove why it should stay the same (child grades, friends, activities, get records from schools).

[linderama]

She's stating that she can better care for her needs; however, she has no job, no transportation, and is technically homeless.  Plus, she has 3 other kids.  According to the NCP, my daughter wants to go live with her; the only reason she wants custody is to collect child support so she doesn't have to work.  How do I get the case dismissed?

[ocean]

How old is child?
You can fill out papers to dismiss case on the grounds that there has been no change of circumstance. Most times though, judges will rule to hear case anyway, not that you will loose but let the other parent be heard. Get evidence of her not working, and evidence you bring child to dr/dentist/school conferences. Depending on age of child, child may have some say but not all day. If child wants to see other parent more, offer more time if child will be safe and taken care of. Put it in writing and the other parent takes the extra time, especially in the summer. Add extra day on weekends or summer visit? Or extra dinner night during week?

[linderama]

We are thinking about more visits during the school year; NCP lives 300 miles away and has been ordered by the court to pay travel costs.  Summer visits are too long; every summer my daughter gains weight and can't lose it during the school year.  I would like to shorten the summer visits and require shorter visits on school breaks. 

[ocean]

Do you have a court date? STALL.... you can always put off hearings at least once for each side. Let school start, that would be a big factor, pulling child out of current school and moving that far away.

Does she have lawyer?
You can offer a compromise with more time during long school vacations. You can do this in writing AFTER child gets back to you. Look at school calendar and offer some times that she can have child extra.

As a precaution, call your local school district and make sure no one except YOU be allowed to exit/forward records to another school. (other parent tried to get records to enroll in school by her this summer). Ask if anyone has called and ask to put a flag on her school folder.

[linderama]

The court date isn't until 9/18; school starts on 8/12.  NCP knows that my daughter needs to be back 3 days before school starts.  I have school records, receipts from plane tickets, and health records.  When I answer the motion, do I request to dismiss based on no change in circumstances?

[ocean]

As her mother, she can get school records and might be able to sign her out and enroll her by her (playing devil's advocate here). Since there is a court date, hopefully she won't pull that.

Yes, You would state that the case should be dismissed as there are no change of cirumstances. (You can add a few facts, "mother still resides xx miles away, child is healthy, good grades in school, activities and friends are all in xx town. Mother doesn't have a full-time job to support child in xx town. Father requests this case be dismissed"

I am not a lawyer. My dh was able to do this at the first hearing verbally. Judge agreed and it was dismissed.

She may be prepping child for court and to say she wants to live there. Keep to the facts and that you agree child should see both parents but are are the right choice for school primary parent as she is doing well.

Have you offered mom more time instead?

[linderama]

I haven't offered more time; she has 8 weeks in the summer, Easter break, and every other Christmas break.  Since she doesn't pay child support, I think it would be reasonable to up her parental responsibilities, considering 300 miles isn't all that far.  I am sure she could afford bus fare for all of the school holidays.

I have sole physical custody and have had it since October 2009.  I have been in court at least once a year for this custody thing.  Is there any way to have an order to stop her from doing this?  It's a big waste of my time and the courts' time.

[ocean]

That is a hard one, will you be in front of same judge? One time I heard that a judge had it with one parent returning to court, judge put in court orders that they would not return to court about custody unless CPS was involved.

When was the last time you were in court? Use that date in your dismissal. "Mother requested change in custody on xx, xx, xxx ,xx dates and father has retained sole primary custody.Father requests dismissal as there have not been any change of circumstances since the last xx (court date)."

Sometimes, as soon as you see she asked the courts, get your dismissal in right away, and it will be dismissed without even going to first hearing.