Miguel A. Avila v. Yesenia Julian
Case No: 1342267
Hearing Date: Tue Jul 23, 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”); Yesenia Julian (“mother”) is self-represented;

Ruling: For the reasons set out below in “The Court’s Conclusions” all father’s requests will be GRANTED; Mr. Crowder shall bring an appropriate order to the courtroom for signature.

Analysis

The Case was on calendar on 6/25; Gary P Crowder, Attorney appeared for father; mother personally appeared; the Court said it knows what options for visitation are proposed; to wit: the son would be available for visitation with mother Saturdays 9:00 to 5:00 or Sundays 12:00 to 5:00 every other weekend. On 6/25 there had been no Response filed from mother. The Court ordered that mother’s Response was due July 9; father’s Reply due July 16; the hearing is on July 23. The Court further ordered that pending the July 23, decision, since the child was much younger when the previous order was entered and he has school now, and he has a summer school program that he’s going to, between 6/25 and the next hearing on 7/23 mother shall have visitation either Saturday 9:00 to five or Sunday 12 pm to 5:00, provided she calls the father ahead of time and arranges it. Additionally mother has the option, from 6/25 to the 7/23, to visit the son after the summer school program until 8:30 pm on Mondays or Tuesdays provided she calls ahead of time.

Background

Father’s RFO was filed 3/15. He seeks a modification of child custody and visitation; one child born 11/2007; seeks to change an order of 4/2010 that set (1) joint legal custody and set (2) visitation for mother and father. Father testified in his declaration that mother stopped visiting with their son since giving birth to her daughter six years ago; she does not have a permanent place to live; she is responsible for three minor children; since the custody and visitation order was filed in April 30, 2010, father has made all decisions regarding their son’s health, education and general welfare; mother has shown no interest in wanting to share in the decision-making process; she has not expressed any interest in wanting to know what is going on with their son; she has seen their son sporadically and whenever she wants, which is seldom, random and inconsistent; mother has yet to secure appropriate housing that would allow son to stay the night with her; he is asking the Court to grant the order requested (sic; cannot find what the order requested really is; the Court will not simply deny mother any visitation.).

The case was subsequently on calendar 4/16/19. Only counsel for father appeared, i.e., Mr. Crowder; the matter was continued to June 25 so that the parents could go to mediation.

The parties went to mediation; on 6/13 Family Court Services reported that no agreement has been reached between the parties; this matter will need to be determined by a court hearing upon motion by either party.

Court’s Conclusions

Mother has filed nothing; either she is not interested in being further involved or, alternatively, she has decided to accept father’s requests. The Court has no reasonable option since mother has ignored the Court’s clear and explicit order; all of father’s request must be granted. If mother seeks a further continuance, the Court will not be inclined to grant it.