Valis:
You are correct. But what I want, which involves child custody and visitation, does require going to court in California.
Concerns about child custody and visitation orders issued by the Family Court must be directed to the Family Court Services Office in the county where the orders were issued. Family Court Investigators, Child Custody Evaluators, and Family Court Mediators are available to provide dispute resolution in each of the 58 counties. The telephone number for Family Court Services is in the County Government section of the local telephone directory under "Courts" or you may also find custody-related information and county contact telephone numbers at www.courtinfo.ca.gov
Yes, I can get a mediation appointment. Yes the mediator will probably try to strike a compromise, which he will not agree to (the word compromise is not in a JWs vocabulary) and yes I will have to go to court after that because mediation will do no good with him. He will have an attorney and I will not. His attorney will know the law and I will not.
I have been there done that with her dad. He had a lawyer and I did not. I took him to court because he was living with his parents, making plenty of money and paying hardly any child support ($280.00/mo. when daycare for my daughter alone cost me over $500.00/mo. and I had her full-time). Typical JW-mo. In the meantime, I was paying over $1000.00/mo. in daycare alone for both my children and supporting two children full-time on my own in a 1 bedroom apartment. He hired an attorney and countered me with a joint custody suit for our daughter. We agreed to joint custody in mediation (I felt it was best for my daughter to have equal access to both parents) and we also agreed he would pay above guideline support so I would be able to afford to live locally and still support my children and provide adequate childcare for them. Bottem line is he lied. I got royally screwed when his lawyer stood up in court (outside of mediation) and said that any agreements reached between her father and myself were considered ex parte (mind you I was held to the decision regarding joint custody) and he just sat there quietly and let her screw me over when it came to calculating child support based on the joint custody agreement rather than based on our verbal agreement. He ended up with more time with our daughter because I followed through on my end of the bargain and I ended up with less child support! The bottem line is it was a bunch of stress and it ended badly for my daughter and myself. Communications were strained for a long time.
All I want at the moment is to force his hand in agreeing to allow me to have her for Christmas. I'm not interested in another all out court battle until I can afford a high priced attorney.
I appreciate your support though because I too would advise the same thing. Just not a battle I'm willing to take on single-handedly at the moment.