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  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
  • Francisco Ortiz vs Maribel Banuelos Angulo Determine Parental Relationship document preview
						
                                

Preview

a w FL-355 ATTORNEYOR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)- TELEPHONE NO. OR COURT USE ONLY Rafael Carrillo SBN: 289288 |CARRILLO LAW CENTER APC F {tt TELEPHONE NO; fi 333 E. Channel Street STOCKTON, CA 95202 9) 900-2100 E-MAIL ADRESS /Optina}ralph@carrillo2.com FAK NO. (Qatonat:(209) 748-4972 SU ERIN COURT ATTORNEY FOR (Name}-Francisco Ortiz SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN 1D FEB !O PH 2:01 ‘sree aDoress: 180 E. Weber Avenue MAILING AoDRESS: 180 E. Weber Avenue Ci ui &reT.ee ~ City AND zip cone: Stockton, 95202 Be BRANCH Name: Stockton Courthouse PETITIONER: Francisco Ortiz GEPUTY : RESPONDENT: Maribel Banuclos Angulo OTHER: STIPULATION AND ORDER FOR CUSTODY ‘CASE NUMBER: AND/OR VISITATION OF CHILDREN [[] mopiFicaTIon FL 2023 ue The parties signing this stipulation agree that: 1. This court has jurisdiction over the minor children because California is the children's home state. 2. The habitual residence of the ildren is the United States of America. 3. The parties acknowledge they were advised that any violation of this order may result in civil or criminal penalties, or both. 4. a. The parties stipulate that the attached document, dated (specify): and consisting of (number): pages is their custody and visitation agreement and request that it be made an order of the court, cr b. The parties stipulate that the attached forms LX] F341 [__] FL-341(A) FL-341(B) FL-341(C) REED CAL Ee: are their agreement regarding custody and/or visitation of their childrey’dnd request that be ide an order of the court. y Each mone! ares under penaltyjof perjury under the laws of the State 4 Califogfta that the foge going i 1 and correct, Date: [PD Erancisco Ortiz rig Date: 2/10/23 (TYPE OR PRINT NAME) ECG (SIGN! REG ETITIONE! Date: 2 /[0/ 2 ORPRINT NAME) Pry 1G Li FRPOF RESPONDE NT) FTG b Rafael Carrillo Date: (TYPE OR PRINT NAMED {SIGNATURE OF ATTORNEY FOR PETITIONER) Date: (TYPEOR PRINT NAME) (SIGNATURE OF ATTORNEY FOR RESPONDENT) Date: (TYPE OR PRINT NAME] (SIGNATURE OF OTHER) {TYPE OR PRINT NAME) > (SIGNATURE OF ATTORNEY FOR OTHER) THE COURT FINDS: FINDINGS AND ORDER 1. This court has jurisdiction over|the minor children because California is the children's home state. 2. The habitual residence of the children is the United States of America. 3. Both parties have been advised that any violation of this order may result in civil or criminal penalties, or both. THE COURT ORDERS: 1. The agreement of the parties regarding custody and visitation [__] as set forth in the attached document dated (specify): and consisting of (aumber): pages or [_] set forth in the attached forms: Coy rt341 (J rt-341a) [7] et-348) CO) risa) C2] etsatoy) £9 FL-341(E) is adopted as the order of the court and fully incorporated by reference herein. Date: FEB 1 0 2023 JUDICIAL OFFI Form Approved for Optionat Use Page 1 oft Judicial Courcil of California STIPULATION AND ORDER FOR CUSTODY vaca. courtinfa G7 gov FLOSS [New January 1, 2004] AND/OR VISITATION OF CHILDREN ‘Vestaw Oa 8 FomBulder. FL-341 PETITIONER: Francisco Ortiz CASS NUMBER, RESPONDENT: Maribel Banuelos Angulo OTHER PARENT/PARTY: EL L022 CHILD CUSTODY AND VISITATION (PARENTING TIME) ORDER ATTACHMENT TO [__] Findings and Order After Hearing (form FL-340) [-) Juagment (form FL-180) [__] Judgment {form FL-250) Stipulation and Order for Custody and/or Visitation of Children (form FL-355) [_] Other (specify): Jurisdiction. This court has jurisdiction to make child custody orders in this case under the Uniform Child Custody Jurisdiction and Enforcement Act (Family Code sections 3400-3465). Notice and opportunity to be heard. The responding party was given notice and an opportunity to be heard, as provided by the laws of the State of California. Country of habitual residence. The country of habitual residence of the child or chitdren in this case is [XZ] the United States [J Other (specify): Penalties for violating this order. If you violate this order, you may be subject to civil or criminal penalties, or both. [—) Child abduction prevention. There is a risk that one of the parties will take the children out of California without the other party's permission. (Child Abduction Prevention Order Aftachment {form FL-341(B)) is attached and must be obeyed.) [EX] Child custody. Custody of the minor children of the parties is awarded as follows: Legal custody to: Physical custody to: (person who decides abaut the child's (person the child Child's Name ith Date health, education, and welfare) feguiarly lives with) Yoshua Uriel Ortiz 11/9/2021 Joint Joint 7. [_] Child custody orders with allegations of a history of abuse or substance abuse (Do not complete this section if the parties have entered, or will enter into, an agreement on child custody and/or visitation (parenting time), in writing or stated in court.) a Allegations have been raised in form FL-311, other documents filed in the court, or in a court hearing that (1 eetitioner (} respondent [J other parent/party has (or have) either: (1) a history of abuse against any of the following persons: a child, the other parent, their current spouse, or the person they live with or are dating or engaged to; or (2) the habitual or continual illegal use of controlled substances, or the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances. b. [__] The court does NOT grant sole or joint custody of the minor children to CJ retitioner [} respondent [) other parent/party c. [__} Even though there are allegations of a history of abuse or substance abuse, the court GRANTS sole or joint custody of the minor child as set out in item 6 for the following reasons: Attachment 7c. THIS {S A COURT ORDER. Page 1 or4 Form Approved for Opricnal Use CHILD CUSTODY AND VISITATION (PARENTING TIME) Famiy Code, §§ 3011, 3020, 3022, 3025, Jadictal Council of Catforaia 30€0-3043, 3048, 3100, 6340, 7604 FL-3H1 [Rev Janvary 1, 2023] ORDER ATTACHMENT WH CUTE. C8 coo Westlaw Doc & Form Builder FL-341 PETITIONER: Francisco Ortiz CASE NUMBER RESPONDENT: Maribel Banuelos Angulo OTHER PARENT/PARTY: FL 2020 0° isitation (Parenting Time) Reasonable right of visitation to the party without physical custody (not appropriate in cases involving domestic violence) with a 48 hour ©. (7) See the attached -page document c. [_] The parties will go to child custody mediation or child custady recommending counseling at (specify date, time, and location): d. [] No Visitation (parenting time) Visitation (parenting time) for the [X] petitioner [ ] respondent [ ] other (name): will be as follows: (4) () Weekends starting (date): (Note: The first weekend of the month is the first weekend with a Saturday.) [{) 1st (2) 2nd [7] 3rd [7] 4th (7) Sth weekend of the month from at start of school (day of week) (time) am. [_] p.m./if applicable, specify: = after schoo! to [| start of schoot (4) am. [—] p.m/if applicable, specify: [-) after school (day of week) (time) (a) (_] The parties will alternate the fifth weekends, with the ("_] petitioner [—] respondent () other parent/party having the initial fifth weekend, which starts (date): (b) The petitioner respondent other parent/party will have the fifth weekend in [_] odd [(_] even numbered months. (2) Alternate weekends starting (date): from [-j am. (] p.m/if applicable, specify: (] start of school (day of week) (time) () atter schoo! to am. [7] p.m.if applicable, specify: C4 start of school (day of week) (time) Co after school 8) [4 Weekdays starting (date): startof school from al am. . [(__] p.m/if applicable, specify: (day of week) (time) Co after schoo) to am. [) p.m. if applicable, specity: start of school C3 (day of week) (time) after school (4) Other visitation (parenting time) days and restrictions are: [—_] listed in Attachment 7e(4) (form MG-025 may be used for this purpose) as follows: Mother shall bring child to the U.S. for one week every two months on the second week of that month. Visitation shall be Saturday to Sunday and the time of the pick up shall be at a reasonable time that both Parties agree to. FLBH [Rev dansary 1, 20231 Page? ot4 CHILD CUSTODY AND VISITATION (PARENTING TIME) ORDER ATTACHMENT FL-341 PETITIONER: Francisco Ortiz CASE NUMBER RESPONDENT: Maribel Banuelos Angulo OTHER PARENT/PARTY: FL 2023 ey 9. Visitation {parenting time) with allegations of a history of abuse, substance abuse, or other parenting concerns a. (__] Supervised visitation (parenting time). (1) Until (J further order of the court [)other (specify): , the (—) petitioner {] respondent (] other parent/party (name): will have supervised visitation (parenting time) with the minor children according to the schedule on page 2. (2) In addition, Supervised Visitation Order (form FL-341(A) is attached. b. [] Unsupervised visitation (parenting time) (Do not complete this section if the parties have entered or will enter into an agreement on child custody and/or visitation (parenting time), in writing or stated in court.) (1) Even though there are allegations of a history of abuse or substance abuse under Family Code section 3011, the [) petitioner [1] respondent [1] other parent/party (name): has (or have) unsupervised visitation (parenting time) with the minor children as set forth in 8. (2) The reasons for granting unsupervised visitation to the person(s) alleged to have a history of abuse or ‘substance abuse are: as follows: Attachment 9b. . (3) The orders for visitation (parenting time) are specific as to time, day, place, and manner of transfer of the child, as Family Code section 6323(c) requires. 10. Transportation for visitation (parenting time) and place of exchange a. The children must be driven only by a licensed and insured driver. The vehicle must be legally registered with the Department of Motor Vehicles, and must have child restraint devices properly installed, as required by law, b. (__] Transportation to begin the visits will be provided by the [_] petitioner [7] respondent (1) other (specify): c, [__] Transportation from the visits will be provided by the [) petitioner [—] respondent [J other (specify): d. [“] The exchange point at the beginning of the visit will be at (address): @. [__] The exchange point at the end of the visit will be at (address): f£ [7] During the exchanges, the party driving the children will wait in the car and the other party will wait in the home (or exchange location) while the children go between the car and the home (or exchange location). g. [_] Other (specify): 11.(] Travel with children, The petitioner respondent other parent/party (name): must have written permission from the other parent or a court order to take the children out of a. [_] the state of California. b. [] the following counties (specify): ©. [) other places (specify): THIS [S A COURT ORDER, FL:S41 (Rev Janzary 1. 2023) CHILD CUSTODY AND VISITATION (PARENTING TIME) Page 3of 4 ORDER ATTACHMENT FL-341 PETITIONER: Francisco Ortiz CASE NUMBER RESPONDENT: Maribel Banuelos Angulo OTHER PARENT/PARTY: £12023 ve 12. Holiday schedule, The children will spend holiday time as listed below [__] inthe attached schedule. (Children's Holiday Schedule Attachment (form FL-341{C)) may be used for this purpose.) Both Parties shall have reasonable right to holiday visits. 13. Additional custody provisions. The parties will follow the additional custody provisions listed [__] below [xX] in the attached schedule. (Additional Provisions—Physical Custody Attachment (form FL-341(D}) may be used for this purpose.) , 14, Joint legal custody. The parties will share joint legal custody as listed [__] below LX] in the attached schedule. (Joint Legal Custody Attachment (form FL-341(E)) may be used for this purpose.) 15. Access to children’s records. Both the custodial and noncustodial parent have the right to access records and information about their minor children (including medical, dental, and school records) and consult with professionals who are providing services to the children. 16. [XC] Other (specify): When the child reaches the age of three, child will move to California to live with Father and attend school in his county of residence. Mother shall have reasonable right to visitation with a 48 hour notice thereafter. Father will provide transportation to and from visits. THIS IS A COURT ORDER. FL-341 [Rev Jansavy4, 2023 CHILD CUSTODY AND VISITATION (PARENTING TIME} Page d of 4 ORDER ATTACHMENT FL-341(D) PETITIONER: Francisco Ortiz CASE NUMBER: RESPONDENT: Maribel Banuelos Angulo OTHER PARENT/PARTY: CL 2023 we ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT TO [ ] Petition [ ] Response [ ] Request for Order [_) Responsive Declaration to Request for Order [J Stipulation and Order for Custody and/or Visitation of Children ([) Findings and Order After Hearing or Judgment [J Custody Order—Juvenile—Final Judgment (J Other (specify): The additional provisions to physical custody apply to (specify parties): (X_] Petitioner [X_] Respondent Other Parent/Party Notification of parties' current address. LX] Petitioner [(X] Respondent [ ] Other Parent/Party must notify all parties within (specify number). 30 days of any change in his or her a. address for (X] residence [ ] mailing [ ] work e-mail b. telephone/message numberat home [(X] cell phone work X | the children's schools The parties may not use such information for the purpose of harassing, annoying, or disturbing the peace of the other or invading the other's privacy. No residence or work address is needed if a party has an address with the State of California's Safe at Home confidential address program. Notification of proposed move of child. Each party must notify the other (specify number): 45 days before any planned change in residence of the children. The notification must state, to the extent known, the planned address of the children, including the county and state of the new residence. The notification must be sent by certified mail, return receipt requested, Child care. The children must not be left alone without age-appropriate supervision. b. [7] The parties must let each other know the name, address, and phone number of the children's regular child-care providers. CI Right of first option of child care. In the event any party requires child care for (specify number): hours or more while the children are in his or her custody, the other party or parties must be given first opportunity, with as much prior notice as possible, to care for the children before other arrangements are made. Unless specifically agreed or ordered by the court, this order does not include regular child care needed when a party is working. Canceled visitation {parenting time). a. [_] Ifthe noncustodial party fails to arrive at the appointed time and fails to notify the custodial party that he or she will be late, then the custodial party need wait for only (specify number): minutes before considering the visitation (parenting time) canceled. If the noncustodial party is unable to exercise visitation (parenting time) on a given occasion, he or she must notify the custodial party (specify): at the earliest possible opportunity. (J Other (specify): c. If the children are ill and unable to participate in the scheduled visitation (parenting time), the custodial party must give the noncustodial party (specify): [-X_] as much notice as possible. [] A doctor's excuse. [) Other (specify): 8. CX] Phone contact between parties and children. a, (7) The children may have telephone access te the parties and the parties may have telephone access to the children at reasonable times, for reasonable durations. b. [__] The custodial parent must make the child available for the following scheduled telephone contact (specify child's telephone contact with each party): c. [__] No party or any other third party may listen to, monitor, or interfere with the calls. Page 1 of 2 Form Agproved for Optional Use ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT Family Code, §§ 3003, 2024, 3083 Jadicial Council of California wen. courts, ca.go¥ FL-341(0) [Rev. July 1. 2016] ‘WestaeyDee & Farm Builder FL-341(D) PETITIONER: Francisco Ortiz CASE NUMBER: RESPONDENT: Maribel Banuelos Angulo OTHER PARENT/PARTY: FL 1013 (oe 7. [X] No negative comments. The parties will not make or allow others to make negative comments about each other or about their past or present relationships, family, or friends within hearing distance of the children. Discussion of court proceedings with children. Other than age-appropriate discussion of the parenting plan and the children’s role in mediation or other court proceedings, the parties will not discuss with the children any court proceedings relating to custody or visitation (parenting time). 8 Cd No use of children as messengers. The parties will communicate cirectly with each other on matters concerning the children and may not use the children as messengers between them. 10.) Alcohol or substance abuse. The [_] petitioner [__] respondent [__] other parent/party alcoholic beverages, narcotics, or restricted dangerous drugs (except by prescription) within . (specify number): may not consume hours before or during periods of time with the children ["_] and may not permit any third party to do so in the presence of the children. 11.07] No exposure to cigarette or medical marijuana smoke. The parties will not expose the children to secondhand cigarette of medical marijuana smoke. 2 No interference with schedule of any party without that party's consent. The parties will nat schedule activities for the children during the other party's scheduled visitation (parenting time) without the other party’s prior agreement. 13.074 Third-party contact. a. [_] The children will have no contact with (specify name): b. [_] The children must not be left alone in the presence of (specify name): 14, Children’s clothing and belongings. Each party will maintain clothing for the children so that the children do not have to make the exchanges with additional clothing. b. [7] The children will be returned to the other party with the clothing and other belongings they had when they arrived. 15.0] Log book. The parties will maintain a "log book’ and make sure that the book is sent with the children between their homes. Using businesslike notes (no personal comments), parties will record information related to the health, education, and welfare issues that arise during the time the children are with them. 16.7] Terms and conditions of order may be changed. The terms and conditions of this order may be added to or changed as the needs of the children and parties change. Such changes will be in writing, dated and signed by the parties; each party will retain a copy. If the parties want a change to be a court order, It must be filed with the court in the form of a court document. 17.(] Other (specify): FL.241(D) [Rev July 1, 2016) ADDITIONAL PROVISIONS—PHYSICAL CUSTODY ATTACHMENT Page 2of 2 FL-341(E) PETITIONER: Francisco Ortiz CASE NUMBER: RESPONDENT: Maribel Banuelos Angulo OTHER PARENT/PARTY: FL 2023 Ge JOINT LEGAL CUSTODY ATTACHMENT To ] Petition [ ] Response [ ] Request for Order (] Responsive Declaration to Request for Order Stipulation and Order for Custody and/or Visitation of Children [__] Findings and Order After Hearing or Judgment [-) Custody Order—Juvenile—Finat Judgment (=) Gther (specify): NOTICE! In exercising joint lega! custody, the parties may act alone, as long as the action does not conflict with any orders about the physical custody of the children. Use this form only if you want to ask the court to make orders Specifying when the consent of both parties is required to exercise legal control of the children and the consequences for failing to obtain mutual consent. The parties (specify): X_| Petitioner [X] Respondent Other Parent/Party will Have joint legal custody of the children. In exercising joint legal custody, the parties will share in the responsibility and discuss in good faith matters concerning the health, education, and welfare of the children. The parties must discuss and consent in making decisions on the following matters: a Enrollment in or leaving a particular private or public schoct or daycare center vb xy Begir ing or ending of psychiatric, psychological, or other mental health counseling or therapy ©. Participation in extracurricular activities 4 Selection of a doctor, dentist, or other health professional (exceptin emergency situations) e [7] Participation in particular religious activities or institutions f. GO Out-of-country or out-of-state travel gs [ Other (specify): Ifa party does not obtain the consent of the other party to those items in 2, which are granted as court orders: a. He or she may be subject to civil or criminal penalties. b. The court may change the legal and physical custody of the minor children. c. [—_] Other consequences (specify): Special decision making designation and access to children's records a. The petitioner respondent (-] other parent/party will be responsible for making decisions regarding the following issues (specify): Medical and school b, Both the custodial and noncustodial parent have the right to access records and information about their minor children {including medical, dental, and school records) and consult with professionals who are providing services to the children. Health-care notification. a, [_] Each party must notify the other of the name and address of each health practitioner who examines or treats the children; such notification must be made within (specify number): days of the first treatment or examination. b. [X] Each party is authorized to take any and all actions necessary to protect the health and welfare of the children, including but not limited to consent to emergency surgical procedures or treatment. The party authorizing such emergency treatment must notify the other party as soon as possible of the emergency situation and of all procedures or treatment administered to the children. c. [__] The parties are required to administer any prescribed medications for the children. 6. [__] School notification, Each party will be designated as a person the children's school will contact in the event of an emergency. 7. ([_} Name. The parties will not change the last name of the children or have a different name used on the children's medical, school, or other records without the written consent of the other party. 8. Other (specify): Until the child reaches the age of three and moves to California with Father, Mother shall be the designated contact for school notifications. Father shall be the designated contact for school notifications thereafter. Form Approved for Cptional Use JOINT LEGAL CUSTODY ATTACHMENT Page tof f Judiciai Council af Caliternia Farrily Code, §§ 3003, 3025, 3683 FL-341(6) (Rev, July 1, 2016] winw caurts.ca.gov \estlzw Doc i Farm Bultere