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swig71

Guest
What is the name of your state? CA
Over two years ago I was divorced in California and my ex-wife took our baby girl to Michigan. We have been fairly cordial to each other until a couple months ago. I called to speak to my 2 year old daughter on the phone, and my ex tells her to say hi to me (she used my first name). I expressed to my ex, my passion and concern that my baby call me "Daddy" and not by my first name. Her reply was that "Daddy" is a title that's earned. I have been regularly calling and emailing my young daughter to the best of my ability. A few months ago my ex told me she wants to file "the paperwork" in MI and she needs my current work information, etc. I didn't give it to her for fear that she has total control over documentation filed in Michigan. Now my ex refuses to respond to my emails or phone calls that I adamantly send or make on a daily basis. What can I do here in CA to find her in contempt of our divorce agreement? Where do I start?
Thank you for all of your responses.
 


karma1

Senior Member
what does your decree say?

about visitation/phone contact-that sort of thing?
I guess more information is needed to help you and I'm not sure exactly what you are asking for?
Off the top of my head, if she has lived in MI for more than 6 months, she can file for MI to assume jurisdiction, but you should receive any paperwork filed and have a chance to respond-
have you had visitation with the child?
I'm not a lawyer but have had experience with family court and support court here in CA
IN the mean time-document all and any efforts for contact with your child-contempt really depends on what your court order says?
good luck
 
S

swig71

Guest
CA
For "lovingwife" , I haven't received any information from Michigan court regarding any filings, I do know that my ex's uncle is a Lawyer who's been helping her with this. I've been out to visit my daughter only once. I was active duty Navy and that was all my schedule would allow. Now I'm out of the Navy and my time allows for more travel, and my daughter's birthday is this month, however my ex is now not responding to my calls or email. We have Joint Legal custody and she has physical custody. If I go to California courts, do I have a case to show she's not compliant with the divorce decree? Do I have a leg to stand on in actively pursuing this? Thanks for your help and information.
 
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swig71

Guest
CA
For "lovingwife" , I haven't received any information from Michigan court regarding any filings, I do know that my ex's uncle is a Lawyer who's been helping her with this. I've been out to visit my daughter only once. I was active duty Navy and that was all my schedule would allow. Now I'm out of the Navy and my time allows for more travel, and my daughter's birthday is this month, however my ex is now not responding to my calls or email. We have Joint Legal custody and she has physical custody. If I go to California courts, do I have a case to show she's not compliant with the divorce decree? Do I have a leg to stand on in actively pursuing this? Thanks for your help and information.

Also the divorce paperwork says for visitation "as the parents shall from time to time agree"
 

karma1

Senior Member
well, with that being the actual wording...

for visitation-you get screwed basically-
still, how long have they been in MI?
Off the top of my head again-go to San Diego family court downtown-file for modification of visitation-actually called "Order to Show Cause"-its really not that hard and since she has not filed anything in MI, yet, you may have a chance to keep this in CA-it would be up to a judge whether he hears it or not-but know in CA, once anything is filed in family court-parents go to mediation-
In mediation, parents are supposed to work things out, but I dont know of any personal cases of this happening-it always goes to court-
do you pay support and is that also through CA?
You have a change in circumstances in that she moved, you are out of military and the original order needs to change and reflect that-
that being said-
look in the phone book for lawyers who offer free first consultations-get some opinions on this- if you are going pro se-
do not wait-once something is filed in MI-that could make things difficult-
WE had a great lawyer who did a ton of work for my hubby, etc...and only charged 500$-he went pro se but lawyer told him everything to do in court-hubby won his set visitation time-mistakewife lost all her motions----(dealing with 2 states, too)
go to www.deltabravo.net for great info/forms/parenting plans-
go to the main page from this site and look up TGB's links-has current law info, too-
parenting plans a must-be specific and leave nothing out-the one on this site is wonderful-
let me know if you want the name of the attorney we used-I recommend him to everyone---I can even let you know about the judge hubby went before-great judge that really looks out for best interest of child...if your case stays in CA, that is...
;)
 
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swig71

Guest
CA
Thank you so much lovingwife, I'll let you know how this turns out. I've been paying support for 2+ years as deemed by the state of CA in our divorce decree. They've been in MI for coming up on 2 years also. I'll go to the courthouse tomorrow, please do give me the name and info for the attorney your hubby used, in the meantime I'll take a look at the website you recommended.
Thanks again.
:D
 
S

swig71

Guest
Once an "Order to show cause" is filed, are you then contacted by the court for mediation at a later date?
 

karma1

Senior Member
you'll get a notice right when you file...

for mediation date....meaning, the clerk will hand you a paper with all the info on it as soon as you turn in your paperwork.
Our attorney was
David Casey
619-447-6780
he is in east county so that may not be convenient for you-but he will recommend an attorney I am sure as he has done that before when I sent people to him out of his area-
Mediation tips-
keep everything focused on the child and how you want to co-parent (great tips on delta bravo)
no matter how tempting-do not bash the other parent
use a parenting plan like I mentioned before-state exactly what you want-go for the most, negotiate down from there-
you know in CA, parenting time percentage is figured in child support-I don't know what you are paying now, but it could help-
best of luck to ya and please talk to an attorney to make sure this all can go through CA first-I think it can since CA seems to still have jurisdicition-
btw-there is a small fee for the order to show cause packet (it was 2$ when we got one) and a filing fee-43$ I think that was-
 
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Mansey

Guest
They do have a free atty at the court house in San Diego and El Cajon (East County). I used them to file my divorce papers and all of my child custody issues. He showed me exactly what forms to use and how to fill them out. And for the most part he completed the forms and told me how many copies to make and which ones to file and which ones to send to the father. I think they are there Monday - Friday. If you go to the morning session get there as soon as the court building opens so that you can get a chance to see him. Also the atty does not start seeing people until 9am. It is well worth the wait. They usually only see 7-9 people during the first session and then they have a afternoon session.

When I filed a "Order to show cause" I used the free atty. each time I won and got what I asked for. He will gi e you tips on what you should and should not say in mediation and in front of the judge. You never want to come off as being unreasonable or unfair. When you file the papers and get a mediation date you want to make sure you send the copy to the other parent certified, return receipt. Here is the most important thing that I had to learn the hard way. Make sure you indicate on the return receipt that only she can sign for the letter. Because I sent court papers to my sons father and someone else in the household signed for the letter and when I presented the return receipt card in court to the judge he deemed it not valid because he said that it was not proper service. ( The father never showed up in court and I had to prove that I served him with the papers), so Ihad to do it all over again.
 

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