custody.. sticky & urgent issue

[socrateaser]

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

No real good answer to that question. I think it's probably a good idea on balance, because the FL judge has already stated his intent to dismiss, and so if you file in CA first, then your reliance on the judge's prior comments could be used to appeal from any change of the judge's mind, which would actually injure you -- although recovering from the judge for the injury is a practical impossibility.

>2.  do you have any other insight?

Nothing other than that I feel for you having to spend all this dough on multiple attorneys and jurisdictions.

[mishelle2]

with that being said,

1. is it possible to ask for attorneys fees here in CA for what I have paid my attorney in FL?
I realize your answer will probably be no.. but.. It never hurts to ask.. plus.. my wallet told me too.. lol :) Fl atty.. 350 per hour.. atty where I live 150 an hour.. see.. why .. I want it in county I live in??????

[socrateaser]

>with that being said,
>
>1. is it possible to ask for attorneys fees here in CA for
>what I have paid my attorney in FL?
>I realize your answer will probably be no.. but.. It never
>hurts to ask.. plus.. my wallet told me too.. lol :) Fl atty..
>350 per hour.. atty where I live 150 an hour.. see.. why .. I
>want it in county I live in??????

No. If you think you're entitled then have your attorney ask for them in FL to cover that litigation. Attorney fees are based on need and ability to pay. Thus, you must show that you have a need and that she has the ability to pay, and that your need outweighs her need and that her ability to pay outweighs yours.

[mishelle2]

help.....


Soc,

ok, so You know I have a child support case in Orange county, and I have told you that ever atty I have spoken with has said I can file for custody/visitation in my county since they are seperate issues, the question I have is ???

1. do I need to file a petition for parental relationship or just an OSC?

[socrateaser]

>help.....
>
>
>Soc,
>
>ok, so You know I have a child support case in Orange county,
>and I have told you that ever atty I have spoken with has said
>I can file for custody/visitation in my county since they are
>seperate issues, the question I have is ???
>
>1. do I need to file a petition for parental relationship or
>just an OSC?

My suggestion is that you Petition for custody in your county, and simultaneously file a motion to consolidate your custody case with the CS case in OC, and also immediately thereafter, file for a change of venue in OC. Then you can show the OC court that you have filed in your county and that it would be judicially inefficient for OC to hang on to the case, so the OC judge will probably release venue to your county, and your judge will consolidate the two actions under one case number.

[mishelle2]

OK so I spoke with my case worker in OC yesterday, since I have that mod hearing coming up. She spoke with the team that is over my case and said that they couldnt transfer the case, but if I opened a case in the county I live in that it would be a duplicate case, and would qualify for a duplicate case transfer, however I dont know what happens to the modification hearing.


1 Do I call and attempt to have this taken off of calendar? (since we have to do the whole thing over again here in my county it would be pointless to have 2 hearings.

[socrateaser]

>OK so I spoke with my case worker in OC yesterday, since I
>have that mod hearing coming up. She spoke with the team that
>is over my case and said that they couldnt transfer the case,
>but if I opened a case in the county I live in that it would
>be a duplicate case, and would qualify for a duplicate case
>transfer, however I dont know what happens to the modification
>hearing.
>
>
>1 Do I call and attempt to have this taken off of calendar?
>(since we have to do the whole thing over again here in my
>county it would be pointless to have 2 hearings.

Just remind them that they need to take it off calendar. If I were you, I would file a motion to modify CS along with your custody petition, and just get DCSS out of the loop entirely. But, if you want them to continue to handle the issue outside of your custody action, then do as DCSS suggests and they will take it off calendar for you.

[mishelle2]

ok so I have been told by clerks office that even though I have  a support order in another county for this child that i still need to file a petition to Establish parental relationship, however on the form (FL-200) it says:

4. The action is brought in this county because (you must check one to file in this county)
a. the child resides or is found in this county
b. a parent is deceased adn proceedings for administration of the estate have been or could be started in this county
 
question for first part:
1.so obviously it is not b. however do I check a, even though the child only lives here in summer, and every other christmas?



I was told by the atty yesterday to file for a temp order for summer since it would be maintaining the status quo,

question for 2nd part:

1. Do I fill this form out and attach it to form fl300?

[socrateaser]

You probably want to use the forms available at:

http://www.courtinfo.ca.gov/selfhelp/family/custody/custforms.htm#petition

Because you have already been established as the child's parent in a previous hearing.

FL300 is not relevant to this case, at the moment. And, you appear to be doing this action on your own, so I don't know why you keep referring to what your attorney told you to do. If you have an attorney, he/she should be doing this for you.