OH Thank you IAAL! (or rather HHBL!)I'm sorry if I made you feel bad, that wasn't my intention. Thanks for giving me a second chance to ask my Q's, here goes...
Calif.
I went to my new attorney's office, we sat down, filled out the Change of venue paperwork, and I returned to the county of Jurisdiction and filed the papers. My X was served via mail. AND is he ever PI$$ED! We go to court for the change of Venue at the begining of next month.
In the papers, it states that our first choice is to have the case transfered to my county, and our second is to transfer it to the county in which he now resides. We put copies of our phone bills for the past 7 months as well as the directions to his new residence. So I don't think he can fight it too much.
I checked my child's school records, and found discrepancies as far as addresses and discovered that they had a PG&E bill for that false address they use for the school to keep the children in that school. The thing is that they do not live at that address (their 'friends' do) they have never lived at that address. NOW, the principal wouldn't give me a copy of that bill, so would I have to subpeona it?
QUESTIONS;
1.) How can I find out who lives at the address that was given to the school? Without going up to them and asking... I don't want the X knowing I'm doing this...
MY ANSWER : Through the subpoena process to the Utility company. Since you are in litigation, and the only way a court is going to accept documentation under the Evidence Code, you're going to have to do it this way.
2.) What is the CP's legal limit of notifying the FSD (CSEA) of the Cp's move out of the county?
MY ANSWER : No more than 30 days.
3.) Since I do not live in that county, aren't they (FSD) supposed to go thru the new county in which I live to collect from me? Should I go to my new County's FSD and file a case here myself?
MY ANSWER : How can they ? At this point, venue hasn't been legally changed and, as of this date, they need new court orders to redirect your case files to the new county. Until then, they can do nothing.
4.) How can I legally obtain a copy of their lease agreements from past residences in which they have lived?
MY ANSWER : Since you're in litigation, you need to do this through the "discovery process"; e.g., a "Demand for Production of Documents", using C.C.P. section 2031. Also, if you know their former landlords, then you can get them through the Subpoena process by serving those landlords.
5.) How can I go about prosecuting them for false information in school records?
MY ANSWER : You can't. With the information you obtain, and if your turn it over to the State, it's up to the State to take any action warranted.
6.) Should I demand medical records from all the doctor's my child has had over the years?
MY ANSWER : If that will prove certain material issues in your case, then yes. Use the Subpoena process.
and (finally);
7.) Do I have a legal right to have request and obtain a copy of the 'personal' information form which is filled out for the patient (my child) when she is first taken to that Dr.? They have left my name off as a parent, and I feel that is a malicious act to keep information from me. The step-"Mom" has put her name on as "Mother", when she is not.
MY ANSWER : Yes, of course. Use the Subpoena process.
I certainly hope this helps you - - but, you're a savvy person, and I hasten to add that you already knew the answers to these questions. I realize that when you're the one involved in the litigation that "thinking" becomes hazy. I fully understand. But, since I know you're smart, and you understand California law, that if you can, when you ask your questions, I would like to see your questions and your proposed answer to that question. Then, I'll let you know if it's a good proposal for an answer and / or give you further information.
You're too smart to not do this. You know the system. I just want you to "stand back" and, for the moment, try to remove yourself from the situation, and try to think of the answer. 9 times out of 10, I know you'll be correct. You just need someone to confirm the answers, or add to the answers, you already know.
Okay ? You're one, bright, cookie. You know the score kiddo.
IAAL
P.S. My Atty is only handling the change of venue, any other unrelated Q's to him, and I'll have to pay another 1500.00 retainer. I can't do that right now, until the change of venue is in place.
Thanks again, I know I ask alot of Q's, I'm sorry, but I have soooo much running through my brain at the same time, I'm suprised I don't have multiple personalities, then again maybe I do....
Ukiah
thanks Ukiah, I hadnt seen you on in awhile and was trying to remember the poster that made that reference.. and the only name that came tomind was MSM.