Tentative Ruling

Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

FAMILY LAW
Miguel Angel Silva v. Alisha Ruby Rivera
Case No: 1417191
Hearing Date: Tue Mar 17, 2020 10:30

Nature of Proceedings: Req. for Order: Child Custody/Visitation Finding of Parentage

Respondent’s Req. for Order: Child Custody/Visitation Finding of Parentage

Attorneys

Miguel Angel Silva [“father”] is self-represented

Alisha Ruby Rivera [“mother” is self-represented

Ruling: The case is continued to April 14, 2020, at 10:30 am to allow mother an opportunity to serve father. As set out below, the Court has read everything filed.

Analysis

This Petition to Establish Parental Relationship was filed in 2013 by father; in July 2013 this Court did a thorough analysis of the case; there is a former Court Order filed 7/23/2013 that provides in part that: “Father shall have sole legal and sole physical custody of the minor child until further order of Court. The Court will not order supervised visitation at this time; mother to have the minor child on Sundays from noon to 6 pm; father to provide all transportation both ways; father needs to wait only 10 minutes for mother to appear if she is not home when he arrives; if she does not appear within 10 minutes of her scheduled time of visitation, the visitation will be cancelled. The minor child will not be taken out of the County of Santa Barbara by mother without the agreement of the parties or a Court Order.

Mediation: In 1/2020 the parents attended mediation and it was 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.

Mother’s Response to the Petition to Establish Parental Relationship was filed 1/6/20; reports there is one child Kailey DOB 8/7/12, age 7; mother seeks joint legal custody; sole physical custody to father; seeks visitation to her of

(a) Sundays noon – 6 pm, unsupervised;

(b) Holidays to be divided

(c) Step-up plan for overnight visitation.”

Requests mediation to work out a parenting plan.

Mother’s RFO

Filed 2/6/20; seeks modification of the 7/23/13 Order; specifically asks the Court to make a finding of parentage. She also requests that the Court to confirm the existing parenting plan order made on 7/23/2013, to wit: Mother to have the minor child from noon – 6 pm. on Sundays, unsupervised. She reports these are old orders and need to be reviewed and then they can be enforced. She is also asking for orders regarding division of holidays and a step-up plan for overnight visitation with the minor child in the future. Mother seeks an order that father will provide the transportation and she attaches a suggested holiday schedule on form FL-341(C).

Mother attaches a lengthy declaration that the Court has read; summarize here: she reports father filed for custody and she missed the hearing, resulting in the current order for visitation on Sundays from 12pm to 6pm and for father to provide transportation both ways; he has yet to comply with this Order; she texted him to comply but he never did; she no longer owns the phone containing these texts; had to settle for him bringing Kailey to her mother’s house whenever he needed a babysitter, particularly during soccer season; mother had to settle for showing up, uninvited, to Kailey’s birthday parties or family events where she knew Kailey would be; mother procrastinated to take this before a judge not only due to her previous battle with addiction, but because she did not want to ruin the little bit of time that father was allowing for her boys to spend with their sister and for her parents to spend time with their granddaughter.

She testifies that she knew that if she took it to court, he would get very angry and cut off their visitation time; has asked father numerous times to attend mediation and just as he always had an excuse not to let mother see Kailey on Sundays, he always had an excuse not to go to mediation. She currently has two years and three months of clean time; on leaving Sober Living, she received a housing voucher and has her own apartment and has maintained stable employment in order to support herself; was employed at Case Serena up until recently when she decided to pursue a career in Drug and Alcohol Counseling and has enrolled in school at Santa Barbara City College; she proposes to reestablish the previous order, with a step-up plan for overnight visitation on the second weekend of the month after three months and after another three months have overnight visitation on second and fourth weekend of the month.

She would like joint legal custody to allow her to make any necessary legal decisions in case of father’s “absence” or in case of an emergency.

15 Declarations Are Filed in Support of Mother.

There is no Proof of Service in the file.

There is No Response Filed by Father.

The case will be continued to April 14, 2020, to allow mother an opportunity to serve father.