Orlando Gonzalez Estrada v. Mayra Del Carmen Rocha
Case No: 18FL00295
Hearing Date: Tue Dec 17, 2019 10:30

Nature of Proceedings: Req. for Order: Modification Visit

Req. for Order: Modification Visit

Attorneys: Clifton Earl Reed for Petitioner (“father”); Respondent (“mother”) in pro per

Ruling: Father has failed to comply with the Court Ordered Mediation. This Court takes that very seriously and he obviously has decided not to contest mother’s requested modification request because he ignored the opportunity to mediate the matter. Thus mother’s requests are all granted as follows:

Commencing immediately the parenting schedule is changed to 3-2-2:

A. Week #1: Mother has Mon. and Tues., Father has Wed. and Thurs. and Mother has Fri., Sat. and Sun.

B. Week #2: Father has Mon. and Tues.; Mother has Wed. and Thurs. and Father has Fri., Sat., and Sun.

C. Each parent is to pay 50% of the child care expense for the Minor Child.

The review date previously set for 1/14/20 is off calendar.

Analysis:

Mother’s RFO filed on 10/16/19

Just 90 days after the last decision mother filed another RFO; mother reports that she no longer works nights. Effective 08/21/2019 mother works Mon-Fri 8 am-4:30 pm; she believes that father works the same schedule. Therefore, she wants to change the parenting schedule to 3-2-2:

A. Week #1: Mother has Mon. and Tues., Father has Wed. and Thurs. and Mother has Fri., Sat. and Sun.

B. Week #2: Father has Mon. and Tues.; Mother has Wed. and Thurs. and Father has Fri., Sat., and Sun.

C. Each parent is to pay 50% of the child care expense for the MC.

Father’s Response filed 10/29

He does not consent to the order requested; but consents to the following order: wants their son to continue to spend the night at father’s house; likes to take care of the children; likes it that they spend the night at his house; feeds them well; tries to take very good care of them; does not think that their mother takes as good care of them; they are living with her at Transition House; he wants to keep things the way they are; he has someone to watch the baby during the day; Daisy is in school and then in the afterschool program, so he can pick her up at 6:00 pm.

The Court’s Conclusion of 11/19 was to continue the matter because the Court rules require that such matters go first to Mediation; the parties know that because they have been there before. The case was continued to 12/17/19 to give the parents a chance to settle the issues themselves. With that said, the parents were reminded that before the Court will make new orders there must a showing of a substantial change in circumstances and/or that a new order will be in the best interests of the children.

Mediation

The Court purposely set mediation when the parents were in the courtroom.

Family Court Services reported that “The mediation did not occur because: Petitioner failed to appear to the scheduled mediation. Mother was present to the scheduled mediation.”

The Court’s Decision

Father has failed to comply with the Court Ordered Mediation Date. This Court takes that very seriously and he obviously has decided not to contest mother’s requested modification request because he ignored the opportunity to mediate the matter. Thus mother’s requests are all granted. The review date previously set for 1/14/19 is off calendar.