Thank you for your follow-up. Since your response is extensive, I will go down line by line to ensure that I do not miss anything.
How long do you think this process would take?
From filing of the petition, anywhere from 2 to 6 months, with the latter being only the case if he pushes for delays and continuances. Otherwise around 3 months is about standard.
The divorce case is located in a county (Santa Clara) not known for its expediency and is further complicated by a DCSS case in another county (Alameda).
I am well aware of the locale, which is why 3 months is an average estimate.
Since the Ex-Parte request is not appropiate in this situation, which forms should I use for my request to the court? An FL300 OTC with FL310, FL311 and FL341c?
Correct on the forms. You can also file the FL341d and 3441e for formal custodial modification.
I have gone to extensive lengths to ensure I am approaching this situation properly. I have experience with a defensive response pro per against an attorney, where -as petitioning the court on my behalf is an unknown avenue.
I have already mapped out time share with his Dad that include three day weekends, extended Holiday time and summer visits that nearly mirror image the current time share to ensure that there is very little or no time lost.
That is great, as it should make the court's job easier and more likely to ahve order approved.
Is there an age of majority that can be considered here and how would and or should I petition for a private audience between the judge and my son?
California does not permit minors to pick the parent with whom they wish to live. While you can possibly request a hearing, the judge does not have to honor it or take it under consideration.
I ask this on my sons behalf as he has asked me this question before and I had no clue how to answer him.
On a last note....my ex became friends with my husbands ex wife a few years ago and they collaborate against us....is there anything about this that should be considered and or is there anything that we can do about it?
Sorry but no. Unless they intentionally harass, contact, or get involved beyond the scope of their existing relationships, you really cannot block or otherwise control with whom the exes choose to be in contact with.
Edited by Dimitry Alexander Kaplun on 2/1/2011 at 8:08 AM EST