Miguel A. Avila v. Yesenia Julian
Case No: 1342267
Hearing Date: Tue Apr 16, 2019 10:30

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

Req. for Order: Modification Child Custody/Visit

Attorneys:

Gary P. Crowder for Petitioner (“father”)

Respondent (mother”) in pro per

Ruling: There is no Proof of Service in the file; there is no opposition in the file. The case will be continued so that father can effectuate service and schedule mediation and set another hearing date.

Background

On 4/30/2010 mother and father filed a stipulation and request for order that the Court signed related to custody and visitation.

On 3/15/2019 father filed a RFO seeking a change in that custody and visitation order; there is one child, Miguel DOB 11/2007; the previous order was for joint legal custody with mother to have visitation; but mother stopped visiting with Miguel since giving birth to Vanessa six years ago as was agreed to in the Stipulation for Child Custody and Visitation Order issued in April of 2010; mother does not have a permanent place to live; she is responsible for three minor children, Vanessa Julian, Alexis Julian and Jimena Julian; that for the past five years, since the custody and visitation order was filed in April 30, 2010, father has made all decisions regarding Miguel’s health, education and general welfare. Mother has shown no interest in wanting to share in the decision-making process; seldom makes inquiries of father regarding Miguel and has not expressed any interest in wanting to know what is going on with him.

Father testifies that he has made all the necessary appointments for doctors, dental, school and taking Miguel to the doctor and dentist; she has not shown any interest in taking son as do anything; she sees Miguel sporadically and whenever she wants, which is seldom; her visits with son are random and inconsistent; makes it hard on father to make plans with him; father expects that mother will comply with the court order; she has yet to secure appropriate housing that would allow son to stay the night with her; Miguel has been in father’s custodial care the vast majority of time; for that reason, he asks the Court to grant the order he is requesting.

Conclusions

There is no Proof of Service in the file; there is no opposition in the file. The case should be continued so that father can schedule both mediation and another hearing date thereafter.