update.. and a few???

[mishelle2]

Soc,


Ok, so Im not sure if you remember me, but I had the case in FL but CA actually had juris.. we were going through dismissal to have case heard in CA,, well case was dismissed in FL. I sent bm a letter (certified) stating my intentions of having our daughter over summer I told her to respond by the 22nd (gave her almost 2 weeks)

I received an email from her yesterday stating she would send daughter, however I must sign a formal agreement with all these restrictions about visitation, conversations etc.

I planned on filing a Temp order and OSC on monday since I wasnt sure if bm would respond,   as of right now, there is no custody determination made.. at all.. I have all documents filled out and ready. I emailed bm asking her if I dont sign formal document will she send daughter, Im sure she'll say NO.. so I need your advice

1 Do I file temp order for summer contact?
2 Do I attach her email to declaration showing she is attempting to coerce me to sign agreement?
3. Do I sign agreement, then file once child is here Since signature was coerced?
4. What would you do??

oh.. and .. thank you very much..

[socrateaser]

>1 Do I file temp order for summer contact?

Did you already file a petition for custody? If so, then yes, I would file a notice of motion for an order granting temporary custody and I would attach and reference the email as evidence of her intent to frustrate your access to the child.

However, if you can get her to send you the agreement with a cover letter explaining what she wants, then you would have something more solid. But, I wouldn't wait real long to try to get this, because she may just use it for a stall tactic.

Tell her to send you the agreement immediately and that if you receive it by Wed next week you'll sign it. That way she will feel some urgency to act and maybe she take the bait.

If she doesn't then just use the email.

>2 Do I attach her email to declaration showing she is
>attempting to coerce me to sign agreement?

See above

>3. Do I sign agreement, then file once child is here Since
>signature was coerced?

See above.

>4. What would you do??

See above.

[mishelle2]

Soc

I have not filed the petition for custody yet, I do have all the paperwork done I am just waiting for her response to my email and I have a very detailed email saying exactly what she wants..  
I emailed her again and asked her that if I will not sign formal agreement will she send child. I'm sure she'll say no, then I will print it and attach it to my declaration for my temp order along with the other email stating what she wants.
In the email I sent, I also addressed the fact that I havent spoken with my daughter since April 2nd and I have left 8-9 messages with no response,  I went on to say please have her call me on my toll free number so she wont incur charges. Last time she said she isnt my secretary.. so hopefully history will repeat itself

1. Will the email from her work, instead of her sending a letter?

2. if no,should I tell her to write out an agreement and fax it to me?

3. So monday mornin,, file OSC for custody/visitation and temp order with email attached?

thanks... :)

[socrateaser]

>1. Will the email from her work, instead of her sending a
>letter?

You may have difficulty proving that the email was from her and that it is unaltered. You would be better with a letter.

>
>2. if no,should I tell her to write out an agreement and fax
>it to me?

You need something with her SIGNATURE ON IT. That's why I suggested a cover letter. Otherwise you need to be able to authenticate the email as actually being from her, and that is more difficult to do.

>3. So monday mornin,, file OSC for custody/visitation and temp
>order with email attached?

Well, actually you need to file a petition to establish parentage, unless you have already signed a CA voluntary acknowledgement of paternity, and a petition for custody and then an OSC for temporary custody with some sort of parenting plan attached, with an declaration of supporting facts and the email or other memorandum,  and the FL court's dismissal order finidng that jurisdiction would be more appropriate in CA. And, probably a few other things I'm not thinking about.

But, I thought you had an attorney. Evidently not.

[mishelle2]

ok,, so after getting the bill from FL atty, hiring one here, wasnt an option that day, however I did file all paperwork, and asked for order shortening time and service, which was granted.  I have spoken to the atty I have used in the past and he has agreed to be subed in if I need him.

The commissioner gave me 3 days to get my paperwork from CA to FL and have her served.. which I did... by a process server.

 The commissioner gave the mother until Monday  to have response filed and served on me. My local  court does not allow fax filing.
Mother still thinks that FL has jurisdiction even though FL case was dismissed, therefore she may just ignore petition.

questions:

1. IF mother does not file response according to commissioners date, what happens?

2. Can mother refuse to submitt to CA jurisdiction?

3. If mother ignores petition then what, I win by default????

thanks

[socrateaser]

>questions:
>
>1. IF mother does not file response according to commissioners
>date, what happens?

You appear at the hearing and request that the court grant your petition as requested. You could even orally move at the hearing for sole custody with no visitation, with an order that should the mother wish to move to modify custody again at a later time, she may do so without demonstrating a substantial change in circumstances.

That is, you throw a bone to give the court a reason to grant your order, because courts are extremely loathe act against the child's interests until they know what those interests are, and the court would be ordering in your favor only to vindicate the court's authority -- which could happen, but I doubt it.

>2. Can mother refuse to submitt to CA jurisdiction?

Interesting question. Did the mother or child ever live in CA? Were you subjected to the original child support order prior to the mother and child leaving CA? If so, then I'd say CA can probably exercise jurisdiction, because it's fair and just that the mother and child, having left CA might still be subject to CA jurisdiction on a custody issue, where the other parent continues to reside in CA.

But, if not, then, I could see the possibility that an appellate court might not authorize jurisdiction. Absent a timely appeal, however, the full faith and credit clause of the Constitution kicks in and the mother will be stuck with whatever the CA court orders.

>
>3. If mother ignores petition then what, I win by default????

Not really. You must still appear at a hearing and make your case. You just won't have an opponent present.

[mishelle2]

child support order was 3 years prior to mothers move, also support order states CA has jurisdiction over parental relationship issues. But no custody determination was ever entered.
Since no custody determination was ever made I was allowed to file in the county I live in since neither party live in county where support was ordered.  I have never left the state, and mother left the state without notifying me.  Fl has released jurisdiction to CA.

1.What if response comes in after the alloted time?

[socrateaser]

>child support order was 3 years prior to mothers move, also
>support order states CA has jurisdiction over parental
>relationship issues. But no custody determination was ever
>entered.
>Since no custody determination was ever made I was allowed to
>file in the county I live in since neither party live in
>county where support was ordered.  I have never left the
>state, and mother left the state without notifying me.  Fl has
>released jurisdiction to CA.
>
>1.What if response comes in after the alloted time?

Probably nothing, unless the unreasonable delay causes you unfair prejudice or extra costs in preparing to meet the response. If either occurs, then you should be able to get your costs covered, assuming you have any.

If the response is after you obtain an order in your favor, then the judge won't likely just reopen the case -- but, it's certainlly possible, depending upon the response and whether it effectively operates as a motion to set aside the default order, based on grounds of fraud, mistake, duress, inadvertence, or unfair surprise.

[mishelle2]

Soc,


Well, I havent been served a response yet, and I spoke with the clerks office, no attorney has been subed in. Mother was to have papers filed and served by today, I would assume that when bm read papers and judge put in that she is to have response in and served by today that she would not know that as long as its in before court shes fine.. so..I know.. today isnt over, and I could be served today....


questions:

1. How long before court does the opposing party have to give notice of subing in an atty?

[socrateaser]

>Soc,
>
>
>Well, I havent been served a response yet, and I spoke with
>the clerks office, no attorney has been subed in. Mother was
>to have papers filed and served by today, I would assume that
>when bm read papers and judge put in that she is to have
>response in and served by today that she would not know that
>as long as its in before court shes fine.. so..I know.. today
>isnt over, and I could be served today....
>
>
>questions:
>
>1. How long before court does the opposing party have to give
>notice of subing in an atty?

It can be as late as the hearing at the moment your case is called to the bench. In other words, at any time, and even after the hearing is over.