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I need some help here guys/gals...

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ezmarelda

Member
What is the name of your state? California

I am at a loss for what to do and I need your suggestions…good bad or other.;)

Here it goes…DufuX has basically dropped off the face of the Earth. He has 2 felony warrants (cultivation of MJ, preparing false evidence) and 2 misdemeanor warrants (obstructing a peace officer, disobeying a court order) The last communication I had with him was the first week of Aug.’06 when he found out about the warrants and told me he was not coming to see our daughter because he wasn’t going to set himself up to get arrested. He somehow thinks ALL his legal trouble is MY fault…umm ya sure,:rolleyes: anyway…Our last CO for visitation gives him from 10am to 2pm on the 2nd and 4th Sat. of each month. He doesn’t know this because he was not in court when it was ordered nor has anyone (the court included) been able to serve him with anything for over a year now.
We also have joint legal custody, as is standard in Ca.
So my question is this, (I know, finally!:eek: )…Should I take the time and effort now to file to have his visitation suspended until he clears up his other legal matters and to have sole legal, or should I just wait until he surfaces and gets arrested and deal with it then? Or should I persue a TPR (I know I know it's a bad word 'round here)...or WHAT:confused:
Any suggestions would be appreciated.
 


BelizeBreeze

Senior Member
Stand up, place hands on ass, then sit back down.

stay in that position until such time as he is arrested or contacts you.
 

rmet4nzkx

Senior Member
Here is the problem.
Anybody can walk into the records room of any California Courthouse and depending upon their local rules, meaning that you might have to order the file in advance or wait for it to be returned, and some exceptions if it is a sealed file, and obtain for the charge of .50 per page a copy of the order, there is an additional charge for a "certified copy". so he doesn't necessarily have to be served to obtain a copy of the order. Do you see where this is going? And depending on the court, they might not arrest him even if he appears in court and they look and see that he has warrants out for his arrest. Did you per chance get the order amended to make your exchange point some place like the police or sheriff department parking lot or supervised visitation? So while sitting on your hands may be an option, you may feel safer amending the order in light of his fugitive status and having an enforceable order so your child isn't put in the middle of an ugly situation. You might consult your attorney or the FLF office re your options.
 

BelizeBreeze

Senior Member
Here is the problem.
Anybody can walk into the records room of any California Courthouse and depending upon their local rules, meaning that you might have to order the file in advance or wait for it to be returned, and some exceptions if it is a sealed file, and obtain for the charge of .50 per page a copy of the order, there is an additional charge for a "certified copy". so he doesn't necessarily have to be served to obtain a copy of the order. Do you see where this is going? And depending on the court, they might not arrest him even if he appears in court and they look and see that he has warrants out for his arrest. Did you per chance get the order amended to make your exchange point some place like the police or sheriff department parking lot or supervised visitation? So while sitting on your hands may be an option, you may feel safer amending the order in light of his fugitive status and having an enforceable order so your child isn't put in the middle of an ugly situation. You might consult your attorney or the FLF office re your options.
Why do you think I told her to sit on his hand?
 

ezmarelda

Member
Here is the problem.
Anybody can walk into the records room of any California Courthouse and depending upon their local rules, meaning that you might have to order the file in advance or wait for it to be returned, and some exceptions if it is a sealed file, and obtain for the charge of .50 per page a copy of the order, there is an additional charge for a "certified copy". so he doesn't necessarily have to be served to obtain a copy of the order. Do you see where this is going? And depending on the court, they might not arrest him even if he appears in court and they look and see that he has warrants out for his arrest. Did you per chance get the order amended to make your exchange point some place like the police or sheriff department parking lot or supervised visitation? So while sitting on your hands may be an option, you may feel safer amending the order in light of his fugitive status and having an enforceable order so your child isn't put in the middle of an ugly situation. You might consult your attorney or the FLF office re your options.

I see where you are going...but lets just say its a small County, an even smaller city and our exchange is at my home. I see it this way, for him to attempt to exercise his visitation he would need to contact local PD to assist and as of Sep he was "Most Wanted" in my county...even in the local paper as such so...see where this is going?;)
 

rmet4nzkx

Senior Member
I see where you are going...but lets just say its a small County, an even smaller city and our exchange is at my home. I see it this way, for him to attempt to exercise his visitation he would need to contact local PD to assist and as of Sep he was "Most Wanted" in my county...even in the local paper as such so...see where this is going?;)
OH, like that small central coast kinda sorta County where the sheriff's department has a web site for their most wanted? I remember we had some very interesting links to that site.;)
I know of a commissioner in another county that would not have him arrested and then instruct him in how to, well you get the idea.
The question is still, what will you do if he shows up at your house with a copy of the order.
It can happen.
 

BelizeBreeze

Senior Member
OH, like that small central coast kinda sorta County where the sheriff's department has a web site for their most wanted? I remember we had some very interesting links to that site.;)
I know of a commissioner in another county that would not have him arrested and then instruct him in how to, well you get the idea.
The question is still, what will you do if he shows up at your house with a copy of the order.
It can happen.
call the police, city attorney or state highway patrol ;)
 

LdiJ

Senior Member
I see where you are going...but lets just say its a small County, an even smaller city and our exchange is at my home. I see it this way, for him to attempt to exercise his visitation he would need to contact local PD to assist and as of Sep he was "Most Wanted" in my county...even in the local paper as such so...see where this is going?;)
I think that you should be listening to BB.
 

ezmarelda

Member
call the police, city attorney or state highway patrol ;)
Yep!:D
I guess it also helps that my Dad is also a high ranking officer in my county too...most of the local officers are making bets on who gets to take the call (if/when it happens) and get the satisfaction of cuffin' him:eek: :D

I know there is a lot of "back woods dealings" in small towns I guess I'm just lucky that DufuX has pi$$ed off all the wrong(or right) folks round these parts.:cool:
 

rmet4nzkx

Senior Member
Missy, there you go withholding facts stringing us along

Yep!:D
I guess it also helps that my Dad is also a high ranking officer in my county too...most of the local officers are making bets on who gets to take the call (if/when it happens) and get the satisfaction of cuffin' him:eek: :D

I know there is a lot of "back woods dealings" in small towns I guess I'm just lucky that DufuX has pi$$ed off all the wrong(or right) folks round these parts.:cool:
Missy,
There you go withholding facts stringing us along;)
We just had a high speed police chase yesterday that ended right next to my house, NO OUTLET, they got the guy with a dog and a tazer you should have heard him scream! Do they use tazers in your county?
 

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