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View Full Version : CA Child Custody - O/P lied to LCSA on forms when order is in place at another court.


proudmom14
Jul 23, 2015, 02:37 AM
May I request a dismissal or quash summons/complaint even though I answered? It was a rushed response because I was never served by the agency, which is the truth. (TMI to explain how I found out).

I informed the agency in my reply that the other parent does NOT have 100% custody of child, there is a current order on file for 50/50 at another courthouse in the same county. I also indicated I currently have a case with them as well, filed back in 2006. Total of 3-cases pending regarding Child Support, Custody and visitation.

I would like to dismiss other parents' case: he committed perjury and I don't understand how the agency could not know there are other cases pending? It took less then 5-min. online to find all cases pertaining to the same people.
It seems the LCSA is just interested in the $$$ without doing their homework.

The other parent quit full-time job to work part-time. Lives w/parents, works maybe 1-2 days a month but has the ability and is capable of working more days, but chooses not to so that he keeps his income at a minimum. According to the calculations I would be paying over $1,000/month, to a deadbeat. I work hard to provide for us, I have been the sole provider for our child since birth w/out any help from him. We have a home, child has his own room, clothes,etc. he is provided for and I will continue to care for child as a parent should. Why should deadbeat get away with not taking care of child? His parents have enabled him for years (reason for me leaving, couldn't stand on his own two-feet).

I would like to get that SMUG look off his face - he thinks he'll be coming into my $$$ and I want to prevent that from happening. I've contacted agency to no avail.

ScottGem
Jul 23, 2015, 06:04 AM
If he filed a case in a different court, then yes you can submit a request to dismiss on the grounds that the original court has jurisdiction. He may be able to refile for a modification of the original order as well as a change of venue. You will then have to answer that and show cause why venue shouldn't be changed. But he can't file for a new case that doesn't reference the current standing order, that can be dismissed. I would also question service if you never got the summons.

cdad
Jul 23, 2015, 09:08 AM
Also you mention that cases are still pending before the courts? What exactly is going on? Are you keeping copies of everything? The courts need to address all of this but it sounds like you didn't address it when it came up. You may have missed your chance.

Why wasn't anything said at the hearing that you mentioned for custody / support?

proudmom14
Jul 23, 2015, 10:30 PM
Thank you for the options available to me. Appreciated.