custody.. sticky & urgent issue

[mishelle2]

ok soc, I have gotten your advice on Child support issue in Orange county CA, now a new issue has just arrived .. regarding visitation,

Mother is in FL,I am in CA, mother moved to FL in 1999 without me knowing, however there was no order establishing custody/visitation in CA just child support/ (parental relationship box is checked too on order but nothing is listed)  
in 2004 child did not want to return home as she was not being treated good by stepdad, when I spoke with mother regarding this she didnt care, and said she wasnt going to allow child to return to CA any longer,

 therefore I refused to send child to FL, mother got emergency order from FL judge for me to return child, I did, since then we have been fighting back and forth via atty in FL and me getting summer visitation via temp court orders, No Permanent Orders have been made, other than temp orders for visitation, Fl has not given mother or me any titles regarding custody, and mother has not attempted to have courts deem her as sole custodial parent, or even primary residential parent.

fast forward to yesterday, I get email from atty saying a  new judge has taken over & reviewed case file and the judge himself filed for a dismissal of entire case judge said FL does not have jurisdiction, based on some FL statute, that CA maintains jurisdiction and he felt  it is better suited for case to be heard in CA, as CA also has CS order, he has set dismissal hearing on Tues.,

I am all for moving case to CA.  however confused as to how and where to proceed after/if case is dismissed in FL. My atty said he spoke with her atty and he agreed it should be handled in CA but not sure what his client (mother) thinks (I think her unwillingness to co-parent is driving  him nuts.. I mean for goodness sake she hired a fathers rights atty to represent her..and hes had to contact me to get her  contact info..  just my opinion)

My atty is going to ask judge on Tues to enter temp order for me to have child for spring break, since mother and I previously agreed on this and now mother is refusing, we were going to file a motion for this, but then this all happened

questions

1. What do I do if/when case is dismissed in FL

2. Do I file in Orange County CA since that is where support order is?

3. Or do I file in County I live in since seperate issue?

4. Any other input?

5. Would this be considered divine intervention from the powers that be.. since mother is so blatantly unable to co-parent?? (ha ha more of a thought out loud vs. a question)


thanks again..

[socrateaser]

>questions
>
>1. What do I do if/when case is dismissed in FL

You find an OC attorney to help you.

>
>2. Do I file in Orange County CA since that is where support
>order is?

Now, that you mention it, this could be an excellent opportunity to ask the OC court to change venue to your county of residence, on grounds that it is not convenient for either you or the other parent to deal with this in OC, when neither of you live there.

>
>3. Or do I file in County I live in since seperate issue?

No, you must file a motion for a change in venue.

>
>4. Any other input?

No.

>
>5. Would this be considered divine intervention from the
>powers that be.. since mother is so blatantly unable to
>co-parent?? (ha ha more of a thought out loud vs. a question)

I don't know if the other parent can co-parent, however as to God's divine intervention, only the almighty knows whether he/she/it has intervened in matters of the physical universe.

But, it's rather a smashing new development, I'll certainly admit that.

[mishelle2]

Soc

1. Do I have my attorney (where I live) file for a change in venue, or one in Orange County?

2. If Orange county, Do you know of any good ones?


thanks

[socrateaser]

>1. Do I have my attorney (where I live) file for a change in
>venue, or one in Orange County?

Well, you could have your local attorney file, but if he had to appear at a hearing, then you'd have a problem of unreasonable travel expenses for his appearance. I'd discuss it with your attorney.

>
>2. If Orange county, Do you know of any good ones?

Ahem...well, yes, but you'll need a very deep pocket, because OC is one of the most expensive counties for attorneys in the USA. So, if you have the scratch ($400 per hour), then call [a href=http://yp.yahoo.com/py/ypMap.py?Pyt=Typ&tuid=9537575&ck=1225035292&tab=B2C&tcat=8305137&city=Costa+Mesa&state=CA&zip=92626-2331&uzip=92626&country=us&msa=5945&cs=9&ed=U6IQOa160SwbYRsZyhWYrQAhs4TROQBlwF0U_BtcSAnPmlWI_yt3jAOIZRtTX8RKFMVpvCU-&stat=:pos:1:regular:regT:2:fbT:0]Marc Tovstein[/a] in Irvine. I have faced Marc in court, and he was very good, in my opinion. However, that was more than 5 years ago, so I can't give you any recent info.

[mishelle2]

Soc,

   Ok, I am confused, the hearing to dismiss the case was today in FL, due to the court not having jurisdiction, and my atty just emailed me and said that the judge gave us 20 days to come to a visitation schedule or he will dismiss the case.
 I think that if CA maintains jurisdiction then CA should be where this case is heard. I have emailed my atty to ask how this came about, in his initial email he said the other atty said they want to come to an agreement, and I believe that is because if we come to an agreement it stays in FL. which I do not want.

1. Do you have any legal imput that could help me understand what the heck is going on?
2. Do I just refuse to come to an agreement unless it is on my terms for the 20 day period?
3. What can I do to have this heard in CA?

4. Any other legal wisdom that will help me?

thank you verrrrrrry.. much.. and I promise not to drive you nuts....

[socrateaser]

>1. Do you have any legal imput that could help me understand
>what the heck is going on?

Under the Uniform Child Custody Jurisdiction and Enforcement Act, the FL court has authority to either assert jurisdiction, or dismiss on grounds of inconvenient forum, if the child and the other parent, have resided in FL for more than 6 months.

The judge is maintaining jurisdiction to give the local attorneys a shot at settling the custody issue amicably, so as to relieve both parties of the expense of hiring new counsel and filing the entire custody action against in CA.

>2. Do I just refuse to come to an agreement unless it is on my
>terms for the 20 day period?

If you want to make things more expensive, then yes. However, realize that in order for you to enforce custody, you will end up having to register your final order in FL, and then use the FL court's powers of contempt, if the other parent fails to comply. So, it may be to your advantage to allow FL to maintain jurisdiction.

>3. What can I do to have this heard in CA?

Stall. Don't intentionally refuse to negotiate, because that will be bad faith, and the then judge may assert jurisdiction in FL. But, if the 20 days runs without a resolution, then the court will dismiiss and you will have to start over in CA.

>
>4. Any other legal wisdom that will help me?

I don't know that you'll get a better break in CA than in FL. It's a toss up. Cost wise, and on the law.

[socrateaser]

>1. Do you have any legal imput that could help me understand
>what the heck is going on?

Under the Uniform Child Custody Jurisdiction and Enforcement Act, the FL court has authority to either assert jurisdiction, or dismiss on grounds of inconvenient forum, if the child and the other parent, have resided in FL for more than 6 months.

The judge is maintaining jurisdiction to give the local attorneys a shot at settling the custody issue amicably, so as to relieve both parties of the expense of hiring new counsel and filing the entire custody action against in CA.

>2. Do I just refuse to come to an agreement unless it is on my
>terms for the 20 day period?

If you want to make things more expensive, then yes. However, realize that in order for you to enforce custody, you will end up having to register your final order in FL, and then use the FL court's powers of contempt, if the other parent fails to comply. So, it may be to your advantage to allow FL to maintain jurisdiction.

>3. What can I do to have this heard in CA?

Stall. Don't intentionally refuse to negotiate, because that will be bad faith, and the then judge may assert jurisdiction in FL. But, if the 20 days runs without a resolution, then the court will dismiiss and you will have to start over in CA.

>
>4. Any other legal wisdom that will help me?

I don't know that you'll get a better break in CA than in FL. It's a toss up. Cost wise, and on the law.

[mishelle2]

Soc,

I don't know that you'll get a better break in CA than in FL. It's a toss up. Cost wise, and on the law.
 
I was thinking that it would be best heard here in CA, as I have been through my local courts for custody of my son, and I have a great attorney here who costs 1/2 of what I pay in Fl, and the judges here seem to be fair and theres mediation, and it would make it alot easier to modify as my daughter gets older and  her needs change...  

However I do see this 20 day period as a good thing for me, as the mother knows that if she doesnt come to an agreement CA takes over, and if she wants FL to remain in control then compromising is the only answer, which in a way could be viewed as giving me the upper hand.


questions:

1. 20 day period.. court calendar days ? or 20 calendar days? (2 1/2 weeks or 1 month)

2. If we come to an agreement does she have to register the order with the state of CA?

3. IF she doesnt what happens?

.. THANKS

[socrateaser]

>questions:
>
>1. 20 day period.. court calendar days ? or 20 calendar days?
>(2 1/2 weeks or 1 month)

20 calendar days, unless the last day is a day when court's not in session, in which case, the next court day is the last day.

>
>2. If we come to an agreement does she have to register the
>order with the state of CA?

If she wants to enforce it in CA, then yes.

>3. IF she doesnt what happens?

She can't enforce the order against you.

[mishelle2]

Soc,


 Ok so 20 days came and went, with no agreement, bm refused to come to any agreements, therefore my attorney has filed for dismissal based on FL not having subject matter jurisdiciton, since no custody determination has ever been made in CA and Ca has not released jurisdiction..  My attorney in FL said to go file for custody here now, even though FL has not dismissed yet, he said judge will see that I am asking CA to take over and he will not give bm another chance to do nothing.  

  I contacted an attorney in Orange county like you suggested, (the office of the one you said and another one) and they both told me that since no custody determination has ever been made I can file in the county I live in.
  That the child support issue and the custody issues are seperate, even though the box is marked parental relationship on the support order. They said that just ensures CA has jurisdiction.
   So my local attorney is out and referred me to another, which I go in to see tomorrow.

my questions:

1. Do I file here in CA before Fl has dismissed like fl atty suggests?

2.  do you have any other insight?