Parent in custody in the middle of proceedings

[hystera]

California
I will make the opening brief

Father and I apart for 4 years, 1 child 13 years old, Father had restraining order issued against him in 2004 due to parental kidnapping. Restraining order expired Sept 07. In May 07 father was spotted at my home looking in windows and taking mail, as a result of his actions probation from abduction was revoked and no bail warrent issued for arrest. He also has 2 felony (fraud and embezzlement) and 3 misdemeanor warrents out in my county. He has been a ghost and I have not known where he was residing. He served me with divorce papers and visition papers in Nov 07 in county 250 miles from me. I showed up to mediation and court hearing, he did not. Judge issued $500 bench warrent, I was also awarded $657 per month child support in his absence. He again served me with Status only on child support and visition in June 08. This time he showed up to mediation and was arrested on outstanding warrents. He is waiting in jail 250 miles away to be shipped to my local county to see go before a judge.

My question is: Now that he is in custody and will be shipped to my county what do I need to do to have the divorce case heard here? Is it complicated?

Thank You in Advance for you help

 

[CourtClerk]

You should have done a motion for change of venue the minute you were served, however, since you didn't, you can do one now.

The problem is this. Your husband has the right to have the case heard in his county, since he is there. It will be up to the judge's discretion to allow the case to be moved, and because you want it moved isn't always a good reason.

If he grants the move, you will need to cause the case to be moved, and pay the filing fees in the new county ($320)

 

[hystera]

Thank You for your quick response. When I was served in Nov I asked about the change on venue and was told that I would have to have personal service on him. There lies the problem, I have never know where he was at. The police went to the address listed on his cout papers and the residents said that they did not know him. So in the interest of California budget cuts, will my local county actually provide him transportation to our court date on the July 14th? 250 miles away? Understand that now that he is accessable to me I want to take care of everything hanging out there. I must add as a side note that he remarried in Nov 06 in Vegas while still legally married to me.

 

[TinkerBelleLuvr]

Do you have a copy of his marriage certificate?

Sounds like he might not be going anywhere, anytime soon. I would file a 'change of venue' to your county (cuz that is where they are shipping him.) Parenting time might not be an issue either

 

[CourtClerk]

Thank You for your quick response. When I was served in Nov I asked about the change on venue and was told that I would have to have personal service on him.

That is correct

There lies the problem, I have never know where he was at. The police went to the address listed on his cout papers and the residents said that they did not know him.

Why did you send the police there? Someone in the house obviously lied, because he would WANT the court to have an accurate address for him. He needs to receive correspondence from the court, especially since he served you with the divorce

So in the interest of California budget cuts, will my local county actually provide him transportation to our court date on the July 14th? 250 miles away?

Probably not, however, aren't the divorce proceedings in HIS county? 250 miles away from YOU?

Understand that now that he is accessable to me I want to take care of everything hanging out there.

As you should.

I must add as a side note that he remarried in Nov 06 in Vegas while still legally married to me.

You don't have to add it. It has nothing to do with you at all. Not your problem.

 

[TinkerBelleLuvr]

He also has 2 felony (fraud and embezzlement) and 3 misdemeanor warrents out in my county.

CC, I think California is bringing the STBX to her. Seems like now is her chance to file for a change of venue since she'll have a valid address.

 

[CourtClerk]

Do you have a copy of his marriage certificate?

Sounds like he might not be going anywhere, anytime soon. I would file a 'change of venue' to your county (cuz that is where they are shipping him.) Parenting time might not be an issue either

A COV is not guaranteed if the other county is his county of legal residence. He also needs to motion to have the CS suspended until he clears up the legal issues. They are only shipping him to her county to deal with the warrants he has, he probably won't be staying there.

 

[TinkerBelleLuvr]

Would it matter that the child lives with the mother?

Secondly, if he doesn't get out of jail, can she proceed with the change of venue?

 

[CourtClerk]

CC, I think California is bringing the STBX to her. Seems like now is her chance to file for a change of venue since she'll have a valid address.

No, she can have him served WHERE EVER, even if he is in jail, but the jail is not his permanent address, just where he is temporarily housed. Because he's dealing with legal issues in her county, doesn't make it a slam dunk for a COV to her county. She's made no mention about what the charges are, so we have no idea what the possible sentences are. I can think of a few low level felonies where he can be in and out in no time. He's still the petitioner in the case, and he has the right to have the case heard in his jurisdiction.

 

[hystera]

I have the number of his license from the county clerks on line site. What is STBX? the police went there because they felt his level of harrassment was escaliting (mispelled?) towards me. I think the person that lives there is an disbarred attorney that is helping him with his legal papers.

 

[CourtClerk]

Would it matter that the child lives with the mother?

No, this isn't solely a CS issue. Per the CCP, divorces can be filed either where the petitioner lives or the respondent lives. Filing party's choice.

Secondly, if he doesn't get out of jail, can she proceed with the change of venue?

Whether he gets out of jail or not, she can request a COV. If he objects to it, then it will be up to a judge to decide whether or not to grant it.

 

[CourtClerk]

I have the number of his license from the county clerks on line site.

You can throw it away. It's useless.

What is STBX?

Soon to be ex

the police went there because they felt his level of harrassment was escaliting (mispelled?) towards me.

ok

I think the person that lives there is an disbarred attorney that is helping him with his legal papers.

ok