California Motion question

[DsmithAsmith]

What is the name of your state? California

My husband has sole physical custody of his daughter joint legal, he would like to file for sole legal. Mostly because her mom basically abandoned her and we have a VERY hard time keeping track of her to ask her opinion on things. CSE cant even find her most of the time. Last night DH talked to her (for the first time in 16 months except the one time he saw her in court) and asked her to sign a passport application so we could vacation to Mexico. She refused.
SO the question is....In California, should we use the NOTICE OF MOTION (FL301) or OSC (FL300)? What is the benifit of using either form?

 

[seniorjudge]

The notice of motion is just that: a notice.

The order to show cause is a motion (sort of) but if you want to file for sole legal and physical custody, then you need a motion for that.

Y'all are so confused, I would strongly urge you to hire a lawyer and get it done right.

 

[DsmithAsmith]

My DH has filed numerous times with out an attorney. He already has sole physical custody. Every time he filed he used an OSC, however a Notice of Motion does not require the other party be personally served, so I guess I am curious why when we had the paperwork done for a modification before they (the family law facilitator) chose to use and OSC instead of a Notice of Motion. What is the appropriate form in this situation

 

[seniorjudge]

Get it from the horse's mouth:

http://www.courtinfo.ca.gov/selfhelp/family/divorce/

 

[LdiJ]

What is the name of your state? California

My husband has sole physical custody of his daughter joint legal, he would like to file for sole legal. Mostly because her mom basically abandoned her and we have a VERY hard time keeping track of her to ask her opinion on things. CSE cant even find her most of the time. Last night DH talked to her (for the first time in 16 months except the one time he saw her in court) and asked her to sign a passport application so we could vacation to Mexico. She refused.
SO the question is....In California, should we use the NOTICE OF MOTION (FL301) or OSC (FL300)? What is the benifit of using either form?

You have already received good advice, however I would like to point out something else.

Other than the passport needs...your husband really doesn't need to attempt to track her down for other decisions. If she is not contactable no judge will ever fault him for making decisions on his own. Even the passport issue isn't necessarily unsolveable.

I am not saying that he shouldn't go for sole custody, I am simply saying that he/you may be too worried about the legalities with an awol mom.

 

[seniorjudge]

...I am not saying that he shouldn't go for sole custody, I am simply saying that he/you may be too worried about the legalities with an awol mom....

He should try for it now before/if ma straightens up (which I doubt will happen but you never know).