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Tentative Ruling
Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107


Sergio Aley and Augustina Ojendiz

Case No: 1372985
Hearing Date: Tue Oct 08, 2013 10:30

Nature of Proceedings: Req. for Order: Mod CS/Visit

This is a RFO filed by mother seeking modification of child custody, visitation and for a FCS mediation order (Family Court Services reports the mediation did not take place because father did not appear.) The minor child is age 5 and the order that mother seeks to have modified was filed on 10/22/12; the order provides that the parties have 50-50 custody; she moved to North Dakota and the Court gave custody of the daughter to father; on 10/22/12 they filed a new Parenting Plan that gave custody to father but mother would have visitation from 10/4/12 to July 4, 2013; she was to start school in Santa Barbara in 2013; she has tried to contact father but she has been unable to do so; she came to Santa Barbara in June 2013 to find out what was going on; she has not been able to reach him. The file reflects she has tried to serve father with her RFO but was not able to do so; there is now a POS in the file showing service on 9/5/13; father has not filed a response. In this proceeding mother seeks sole legal and physical custody of the minor child with reasonable visitation to father. Rulings: Mother shall have sole legal and physical custody of the minor child; travel with the child when father has visitation shall be limited to the County of Santa Barbara unless there is a written stipulation or Court Order to the contrary.
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