Orlando Gonzalez Estrada v . Mayra Del Carmen Rocha
Case No: 18FL00295
Hearing Date: Tue Jun 25, 2019 10:30

Nature of Proceedings: Req. for Order: Modification Child Support/Visit/Consolidate case with #416215/Compel Attendance at PEACE class/Sum Certain Reimb. for Unins’d Expenses

Respondent’s Req. for Order: Modification Child Support/Visit/Consolidate case with #1416215/Compel Attendance at PEACE class/Sum Certain Reimbursement For Uninsured Expenses

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

Ruling: The parties need to go to mediation and mother needs to get her PEACE certificate filed. The case will be continued until after mediation. If mother appears, she will obtain a mediation date (the Court Clerk might have available the next mediation date) before the case is called and then report the date to the Court and the Court will then select a date thereafter to hear the motion if mediation is unsuccessful.

Analysis:

Mother’s RFO filed 5/23

Mother’s 20-pge RFO has been read; can summarize only; she seeks a modification of child custody (she seeks sole legal and physical custody); parenting time modification (she seeks a change in the present schedule which is to consolidate case with #1416215; compel attendance in PEACE class; sum certain reimbursement for uninsured expenses; there are two children, one born 2008 (age 11) and the other 2017 (age 2); the underlying order was filed 2/2/18; provides for joint legal custody; as for physical custody: “All times not designated with Father, the minor child shall be with Mother; all times not designated with Mother, the minor child shall be with Father.” The Court ordered a 3-2-2 schedule.

Specifically, mother seeks a Court Order to (1) compel father’s attendance at the PEACE parenting class; (2) consolidate this case with #1416215 (DCSS case with paternity judgment for 2nd MC); (3) judicial determination of sum certain for reimbursement from father to mother for her payment of an uninsured health care expense for a minor child.

Mother testifies that right now, under their verbal agreement, father gets the children from Tuesday to Sunday from 7:00 pm- the next morning at 7:00 am he brings son to her and he takes daughter, Daisy, to school at 7:30 am; they created this schedule because she works nights as an Uber driver from 7:00 pm – 2:00 am Tuesday to Saturday; father works Monday – Friday from 8:00 am – 5:00 pm. Mother wants to change her work schedule so that she works Monday – Friday in the days; she wants children to spend the night with her; father wants to share physical and legal custody, but he does nothing for them; he is not a co-parent; he is deliberately making her life difficult. The specific order, re parenting time, mother is requesting for father to have every single weekend with the children from Friday at 5pm to Sunday at 8am; needs a new detailed schedule that can work for them; she wants the children to live with her and he can visit them on the weekend from Friday 5:00 pm. to Sunday 8:00 am. Mother wants Sundays to be with her; proposes “other” visitation too.

Alternative time share proposed by mother: If the Court is not in favor of changing the custody in order to grant her sole physical and legal custody, then she suggests a 3-2-2 schedule; the former schedule from Ventura was a 5-5-2-2 schedule, but this would be hard on son who is only 2 1/2 years; she therefore alternatively proposes as follows:

(1) Week #1: The children with mother on Monday from after school or 5:00 pm-Wednesday at 5:00 pm or after school. The children are with father from Wednesday 5:00 pm or after school – Friday at 5:00 pm or after school.

(2) Week #2: The children are with father on Monday from after school or 5:00 pm -Wednesday at 5:00 pm, or after school and with mother from Wednesday 5:00 pm or after school – Friday at 5:00 pm or after school.

(3) Then the parents alternate the weekends so that each parent is never more than three days away from seeing the children. Mother also agrees with the holiday schedule ordered by Ventura.

Mediation Report on 5/10

Both parents have agreed to take the PEACE class prior to rescheduling another mediation appointment. Parents brought their child to be interviewed.

PEACE Class

The file reflects that father has attended the Class (filed 6/13) but there is no Certificate in the file reflecting that mother attended.

Proof of Service/father’s Response

The file does not reflect that father was ever served with mother’s RFO; there is no response in the file.

Court’s Conclusions

The parties need to go to mediation and mother needs to get her PEACE certificate filed. The case should be continued until after mediation. If mother appears, she will obtain a mediation date before the case is called and then report the date to the Court and the Court will then select a date thereafter to hear the motion if mediation is unsuccessful.