Yaneth Nunez and Felix Fabien Nunez Amador
Case No: 16FL00757
Hearing Date: Tue Sep 24, 2019 10:30

Nature of Proceedings: Req. for Order: Modification Visit

Petitioner’s [“mother”] RFO: Modification of Visitation

Attorneys: Petitioner [“mother”] Meghan M. Behrens; Respondent [“father”] in pro per

Ruling: The file does not reflect personal service, or for that matter any service of the RFO. The matter may be set for another date if requested to allow time for personal service of this defining RFO.

Background:

The Court has a lot of time invested in the case; on 8/13/19 the Court made orders on father’s request for an RFO seeking a DVRO against mother; Lauren Rode, Attorney for Petitioner, appeared and the Court learned that the District Attorney had rejected the criminal Case; this Court dismissed father’s current temporary DVROs.

On 8/23/19 mother filed a 26-page RFO seeking modification of the underlying 9/2016 visitation and custody orders; she seeks a new order giving her sole legal and physical custody of the three minor children, with no visitation to father. Requests other orders; to wit: this Court ordered father to pay $5,725 toward community debt; he promised to pay $200 per month until it was paid; he paid $200 per month for a total of ten months; has not paid any amount since November 2017; seeks an order compelling him to pay the remaining $3,575 owed, plus interest.

Mother testifies via declaration that on August 7, 2019, and in front of their three children, father gave up all visitation rights; his actions and words on that day caused children irreparable emotional trauma; she had dropped the children off at his apartment for his custodial time; she sent him a text message as she dropped them off and told him that the children were on their way up to his apartment on the second floor of the building; father immediately texted her and said that he no longer wanted “to watch the children;” furthermore, he made it abundantly clear to his own children that he no longer wanted them in his life.

Mother testifies that the only reason she can come up with for his rash behavior is the decision of the Court the day prior; he was angry at the outcome of court, his ego was bruised after the Court reversed its decision, and he took it out on the children. Testifies that after two weeks of no contact with the children, he still does not want to care for his own children.

The file does not reflect personal service, or for that matter any service of the RFO.