travel expenses... and just problems

[MISHELLE]

soc,
 
 my daughters mother moved to Orlando florida ( I am in CA) without my permission, it took me 3 years to find her, now I have had child every summer.The past 2 summers I have paid for tickets for her to come to california and mother has paid for tickets to go back to Orlando.

Now this summer I have not spoken to mother except once (which was today)and she told me she is not paying for her return ticket, that its my responsibility to see her not hers and I am to pay for her ticket and she wants her home beginning of  next week.

I cannot afford the 7-900 that tickets are and since we had always split the cost  I am unsure how to respond to her. She also said that if I dont pay for her return I will not have her again.
We have no custody order and she could just keep her and not let her come back.
 1.) how do I respond?
2.) Can she just decide not to pay for what we agreed shed pay for, and stick me with it at the last minute.
3.) If I dont "meet her demands" and our daughter stays here can I get into any trouble? (there is no custody order)
any advice would  be appreciated
thanks

[socrateaser]

> 1.) how do I respond?

You have no custody order?
What is the exact legal status between the two of you? Are you never marrieds, etc.? Was there ever a judgment of paternity?

I need more info about your circumstances.

[MISHELLE]

we were never married, I am on birth certificate and pay child support and paternity was established.

[MISHELLE]

also, there is  no legal status in terms of custody and visitation, just child support.

[socrateaser]

>also, there is  no legal status in terms of custody and
>visitation, just child support.

Well, that's about the weirdest thing I've ever heard of. Was support stipulated (agreed to), or was it ordered by the judge or by CSE? And if it WAS ordered, then how did the court determine the guideline amount without making some sort of custody order?

And, where were these orders made?

Point is, that if there really is NOTHING in your order regarding support, and the orders were made in CA, then I would ask the child where she would like to live, and if she says, CA, then I would file a motion in CA for custody, like today.

[MISHELLE]

thanks soc, when cs was determined mother lived in CA and was on welfare. therefore Orange county cA went off ability to earn, and was ordered by court. but no custody order was ever done.  child wants to live here with us.. we have had her since may 25th.

thanks for advice

[socrateaser]

I accidently said "nothing in your order regarding support..." where I should have said "nothing in your order regarding custody..." in my prior message. I think you know what I mean, anyway.

[MISHELLE]

soc,
 well bm called tonight, screaming and yelling that she is not responsible for paying any travel expenses cause shes broke. (even though they split costs last 2 years)  Mother has said she is going to call police and have him arrested for child abduction, and he doesnt pay her enough money anyways.  she also said when she gets child back shes not coming back to CA.

1) if she calls police, wont they tell her it is a custody dispute and handle it through courts.
2) which court has jurisdiction? Ca or FL?? child was born in CA, child supprt order is in CA (she never changed it to fl when she moved there,she asked them to keep jurisdiction) but bm has lived there for 4 years. I just want to make sure all my t's are crossed and i's are dotted.
3.) does the Uniform Child Custody Jurisdiction and Enforcement Act  apply? (she has only been in CA for 3 months, it says 6 is required for the title of  home state)
4.) Or does that not apply because there is no order, and she left CA with the intention of not allowing visitation and custody.
thanks

[socrateaser]

>1) if she calls police, wont they tell her it is a custody
>dispute and handle it through courts.

The police will attempt to enforce the existing order. If there is no existing order, then the police will have nothing to enforce. But, watch out for "in your ear." Never know how the government will react to a screaming parent.

>2) which court has jurisdiction? Ca or FL?? child was born in
>CA, child supprt order is in CA (she never changed it to fl
>when she moved there,she asked them to keep jurisdiction) but
>bm has lived there for 4 years. I just want to make sure all
>my t's are crossed and i's are dotted.

Well, technically FL has jurisdiction under CA law, because the child has only been in CA for 3 months, not 6.

>3.) does the Uniform Child Custody Jurisdiction and
>Enforcement Act  apply? (she has only been in CA for 3 months,
>it says 6 is required for the title of  home state)

Yes, it completely applies. But so does this:

3424.  (a) A court of this state has temporary emergency
jurisdiction if the child is present in this state and the child has
been abandoned or it is necessary in an emergency to protect the
child because the child, or a sibling or parent of the child, is
subjected to, or threatened with, mistreatment or abuse.

Your facts state that the mother called screaming and ranting and complaning. Is it possible that you or the child have been threatened with mistreatment or abuse. Or, perhaps the child fears her mother, which is why she wishes to remain in the jurisdiction. If so, then that would give you authority to request a temporary emergency custody order.

I don't know all of the relevant facts, but I think, that if the child really wants to stay with you, that you will have no trouble getting an emergency order.

You will definitely need an attorney to pull this off.

[MISHELLE]

soc,, so i spoke with Orange county district attorney office today, among a few others (that is where current support order is) they informed me that the  Uniform Child Custody Jurisdiction and
>Enforcement Act does not apply because the mother has conceded to and requested that CA handle all CS orders therefore she conceded to CA law.
she has not threatened physical harm to my fiance, however she has told him he will not see her again. and I noticed in the CA code that that is grounds for him to file here.

any thoughts?
thanks