So we picked up the packet called "Order to Show Cause" hence fourth known as OSC. By we, I mean I went to the court house at 8 am, stood in line to talk to a "Family Law Facilitator" (aka FLF) What do they tell me? At 8 am? Already full for the day! I guess people (aka illegals with 43,000 screaming babies) get there at 4 am to wait in this line to speak to a FLF. I see one of these coveted FLF's walking, slinking more like it, through a side door. I grab her arm. Now, I'm thinking, Great. I'm probably going to get arrested for assault because I just want to ask a simple question. She looks down at me with a glare mingled with pity. (Remember people I'm 5 foot one) I sounded like the little boy in The Christmas Story. This is what came out of my mouth, "I'm-so-sorry-for-grabbing-you-but-I-just-need-to-know-what-I-need-to-file-for-change-of-custody!" For a moment I thought she was going to scream for security or wrench her arm from my pleading grasp and slip through her side door, but instead she must have seen the Earnest need in my eyes because she blessed me with the words, "OSC packet. Down the hall. Family Services." I dropped my hand from her arm and smiled. She didn't smile back.
I am now the proud owner of an OSC packet that is sitting on my dining room table gloating because I haven't the slightest clue what I'm doing, and I'm not going to the court at 4 am. So, basically I understand we are asking for, or more pointedly, C is asking for, a court date to discuss 10K and how we never officially filed for custody of him. In the court paperwork it still says that She has full physical and legal custody which could end badly for us if she gets it in her mind to take him back. I am the one doing the legal circus act filling out 28 pages of paperwork for child support. C sucks at paperwork. Organization and detail are my strong points. So basically we will go to court and say,"Look, it's been this way for over a year, we just want the papers to reflect that, la de da" and he will say okay and stamp it...or do whatever it is Judge's do. Right? If anyone has done this *cough*Stephanie*cough* please let me know if there is anything I should add in there, or exclude or whatever you think. OMG and I forgot the best part!! I get to serve her the papers. hahahahaha that's going to be fun. I'm going to be like the guy in Pineapple Express (great movie). "You've been served!!"
I hope everyone is doing well...I'm ready for my 4 day weekend now. :)
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7 comments:
Good luck with everything. Paper work sucks! And 4 day weekend!?!?! did I miss something...is there a federal holiday I should know about ;) oh wait...I just got back from a 1 week vacation...hum, probably shouldn't start complaining yet huh? :)
I there, I have been lurking for months and thought I would come out of hiding for this one.
If I have been lurking correctly, you are in California, right? Oh poo I just remembered that I go to the OC courts website, maybe your county has a website, any who, they should have a family law website to help out with this stuff and if you are just like me you can type in the information and then print out a pretty OSC to file with the court.
Feel free to email me and I will help as best I can. I did successfully regain one night of custody. I'm not a pro but I can help with basics.
not sure where you are located but most courts have a website with some handy information
You crack me up *cough cough*.
Definitely check the website for the court. They have a TON of good information usually.
Also, make sure you have some documentation--maybe you could get it from the school, or a neighbor, or anyone else willing to provide a sworn affidavit and testify--about how 10K has been with you all of the time for the past year. Because, yes, she has the right based on the paperwork to take him back if she gets a wild hair. It certainly wouldn't be the RIGHT thing to do, but a lot of these women seem to have no clue what the right thing would be.
I'm glad you're proceeding with getting the paperwork corrected, though. Go for what's best for those kiddos and don't stop until you get there.
E-mail if you have specific questions. I'd be happy to try my best to answer. stephaniesplace at gmail dot com.
Order to Show Cause is not a hard document to navigate through. Just fill in the necessary information and attach a declaration (summary) of all of the events that have taken place, why you want the change of custody, etc. Have her served and wait for her response. The court clerk cannot give legal advice, so I would suggest seeking a free consultation with a family law lawyer in CA. I worked as a head family law secretary for 7 years in CA. Let me know if you need any more help.
Good luck with all the paper work! Yeah for a 4 day weekend!
I just thought of something else. I took killjoy back to court to get Wednesday back from him. Our court order said he had Tuesday and Wednesday but then he had soemthing going on during Wednesday night and had me watch son those night. The judge said that since he wasn't able to care for son that night and clearly showed that he had no issues with me having son on Wednesday night that she made it an order that Wednesday was my night even though our court order said he had it.
Use words like precedence, this had been going on for a year, consistent with what has been going on for 10K, to disruptive to the child to make changes.
Research, research research, that is what helped me change the court order and that killjoy is a bonehead. I did this pro per and he had a lawyer.
Good Luck!!!
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