Rosa Alicia Silva and Manny Silva
Case No: 1244918
Hearing Date: Tue Mar 26, 2019 10:30

Nature of Proceedings: Req. for Order: Modification Child Custody/Visit

Req. for Order: Modification Child Custody/Visit

Attorneys: Tracey Rangel Cruz for Petitioner (“mother”); Respondent (“father”) in pro per

Ruling: For the reasons set out below mother and father will go the office of the Family Court Services BEFORE this matter is heard and obtain a date for mediation. They shall return to the courtroom and report that date. The Court will set a further date for a hearing on father’s RFO and the Court will also address the time requests made by mother about her needing time to file her RFO. Certainly all the requests made by father need to be addressed FIRST in mediation [which is the Court rule].

Background:

Father’s RFO filed 2/19 seeks change in child custody and visitation; minor child born 9/2004; father reports that he is asking for sole legal and physical custody; the present order was filed in 5/2008 and ordered joint legal custody and primary physical custody to mother; the visitation order was filed in 3/2014 and father reports that it set visitation at every other weekend, six weeks in summer and half of the school breaks. Father reports that oldest son, Adrian Silva, is requesting to address the Court. Minor child Jacob M. Silva (age 14) specifically requests that he be able to address the Court or judge in chambers. Father attaches form FL-341(D) the physical custody attachment and makes many modification requests AND FL-311 the parenting time attachment that seeks many modification requests. He has filed a 7-page declaration that is also extensive and testifies that he is now coming to the Court to request full custody of his son Jacob; he is pleading to the Court to finally allow his son Jacob to speak with the judge in chambers; that mother has been an un-fit parent and does not deserve to continue raising his son.

Counsel for Petitioner filed a Status Report; reports that father did not follow local rules and set mediation in this case and no mediation has been held; mother requests that he follow local rules, confer with her about a date, and schedule a mediation date prior to the instant RFO being heard. Mother asks that the matter be continued, the parties attend mediation, and that the matter be postponed with sufficient time so that she can engage in discovery directed at father’s current financial circumstances, bring a new fee request so she can afford to retain counsel to litigate the instant matter, as well as bring a contempt action for the existing unpaid fee order.

The Court’s Conclusions

Mother’s requests must be granted; this case obviously must go first to mediation before the matter can be heard in the courtroom. Mother also presents some issues related to her claim father is in contempt of court and she does not have the funds to retain counsel and wants time to file her RFO seeking relief.