CA Dad in a Custody Battle -Questions

[GoodDadtoBK]

What is the name of your state (only U.S. law)? CA

Hello Everybody,

I am in the middle of a very difficult custody battle with my daughter's mother who is trying to move her from CA to FL. We had an initial court date in June where custody was given jointly to myself and mom. I have our daughter every day that I am off from work which on average is 2-3 days per week. Since the court order in June mom has made life extremely difficult to say the least. She filed an appeal and it was denied. She then filed a motion to change my custody to "telephonic and internet" and asking the Court to grant her unlimited travel with our daughter. Mom also is asking in her motion to make me arrange 30 minute visits at my home on the days that our daughter is with me. I am obviously fighting this. I do not agree to unlimited travel, but I am willing to agree to 4 weeks a year. Mom also filed a motion asking for a 730 evaluation. In my next declaration to the Court, I plan on asking the court for sole Physical Custody if and when mom decides to relocate to Florida.

Last week I received in the mail a notice that there is a Mandatory Settlement Conference scheduled for November. I was told that this is the step before going to trial.

That is a very brief history of what has happened in the last few months. I am now preparing my responsive declaration to her latest motion and have a few questions:

1. On what grounds, if any would a Judge order Mom to pay for this evaluation? I do not feel that this is necessary as mom's only reason for wanting to move to Florida is that her parents and new fiance live there. Also, mom makes $9,500 / month compared to my $4,700 / month.

2. Is there a declaration that I have to prepare for this settlement conference? Is this just a meeting with the Judge to try to settle things before it actually goes to trial?

Any help or advice that you can offer would be greatly appreciated.

 

[Just Blue]

Were you and Mom married? If not when was paternity established? How old is the child?

 

[mistoffolees]

1. On what grounds, if any would a Judge order Mom to pay for this evaluation? I do not feel that this is necessary as mom's only reason for wanting to move to Florida is that her parents and new fiance live there. Also, mom makes $9,500 / month compared to my $4,700 / month.

2. Is there a declaration that I have to prepare for this settlement conference? Is this just a meeting with the Judge to try to settle things before it actually goes to trial?

Any help or advice that you can offer would be greatly appreciated.

1. It's entirely up to the judge, but you've got a decent income, so it's quite likely that it will be split.

2. What does the paperwork say?

You really should have an attorney. Mom can make your life miserable and can take advantage of the system until you make a mistake. Since she's already lost the first hearing and is asking for something unreasonable in the second, if it were me, I'd get the best lawyer I could find and ask for a court order for Mom to pay.

 

[MichaCA]

When did mom file to move the child to FL? You need to be prepared at the settlement conference to request physical custody. A custody evaluation may not be a bad thing for you...I wonder why she asked for that. *Did she request a specific evaluator? (I don't know if you can). Make sure you research evaluators in your area by talking to attorneys, to make sure a fair evaluator gets ordered. Some are known for their biases towards mom or dad.

I think the custody eval may be a good thing as you are contesting the moveaway. I would leave the making mom pay the whole thing out...just do it in the attempt to keep your child with you in CA IF you really believe thats in your childs best interests.

I do agree...you absolutely need an attorney for this.

 

[GoodDadtoBK]

Mom and I were never married. We were together for 6 years and had our daughter in 2008. I am on her birth certificate. We separated in September of 2009 when mom moved out of the house with our daughter and moved into a house down the street.

We have not gone to court yet about the 730 evaluation, this court date was pushed back by her lawyer due to a hearing he had to attend out of town on that day. I have not yet received the new date. Right now I am preparing my declaration and trying to figure out the proper wording to ask the court rule that mom bears the cost if the evaluation is deemed necessary by the Judge.

When mom first filed this case in March of last year she was basing the "need" to move on the fact that there are better job opportunities in her field in Florida.. even though she already has a job here in her field. This did not work with the court, so now she is changing her tune and saying she wants to move to Florida where she will be allowed to be a stay home mom due to the financial support of her fiance.

I do have a lawyer who was actually a commissioner on these cases for several years. He is very respected in the community and helped me in the initial court hearing. He is still giving me advice on all of this, but I have not paid him to take the case back. She has already spent $50,000 in legal fees and is planning on spending anything she needs to until she gets her way. I do not bash mom as a parent, nor do I try to make it seem like my relationship with our daughter is more important than her relationship with her mom. I am simply asking the Court to not allow mom to uproot our daughter to move across the country so she can be with her fiance.

 

[GoodDadtoBK]

When did mom file to move the child to FL? You need to be prepared at the settlement conference to request physical custody. A custody evaluation may not be a bad thing for you...I wonder why she asked for that. *Did she request a specific evaluator? (I don't know if you can). Make sure you research evaluators in your area by talking to attorneys, to make sure a fair evaluator gets ordered. Some are known for their biases towards mom or dad.

I think the custody eval may be a good thing as you are contesting the moveaway. I would leave the making mom pay the whole thing out...just do it in the attempt to keep your child with you in CA IF you really believe thats in your childs best interests.

I do agree...you absolutely need an attorney for this.

Mom filed to move away to Florida at the same time that we went to court for the first time to establish custody. The initial filing date was in March 2010. She was requesting sole legal and physical, both of which were dinied. I agree that an evaluation could be in our favor. Anybody who spends more than 10 minutes with my daughter and I will see that taking her away from me is not in her best interest. I know these evals and tests that they give you can not be fooled and I hoep and believe an evaluator will be able to see that Mom isn's asking for this move because it is in our daughter's best interest, but rather her own. You are right.. I think I will leave out asking mom to pay for the evaluation. Thanks

 

[GoodDadtoBK]

Sorry...

She did not ask for a specific evaluator. I have made my attorney aware of the fact that this evaluation might take place and he assured me that he has a list of evaluators with fair track records.

Our daughter turned 2 in July.