Miguel A. Avila v. Yesenia Julian
Case No: 1342267
Hearing Date: Tue Jun 25, 2019 10:30

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

Petitioner’s Req. for Order: Modification Child Custody/Visit

Attorneys: Gary P. Crowder for Petitioner;

Ruling: The Court could not locate what visitation or time sharing father is requesting for mother. There is no Response from mother. Father will file a short declaration by July 2 setting out simply what he is requesting as to custody and time sharing; the Court will not simply deny mother any time share with her son even though mother’s history related to visitation has been random; mother’s Response due July 9; father’s Reply due July 16; the hearing is on July 23.

Father’s RFO 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 [does not report what the order says about physical custody] and set (2) visitation for mother on Monday and Tuesday from 7:30 am to 11 pm; father shall have 11 pm to 7:30 am. [I cannot find where he has reported what the visitation is for the rest of the week.]

Father testifies 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. ).

Case last 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.

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.

Mother’s Response

None

Court’s Conclusions

The Court needs a lot more information.