The Proof of Lying Starts

More solidly anyway. Thank GOD Keith’s employer saved everything from his ex.

She wrote his employer a letter on 2/12/1993, asking them to please change her address on her child support checks. She told them that effective 2/12/1993, her new address in WA state. She told them her last name changed as well, as she had gotten married.

What I know to be factual is that as of February 5th, 1993, she was still in San Diego County, living at the home Keith left from in 1989. What I also know to be factual is that she did NOT get married until Feb. 20, 1993.

Go figure….

Leaving State

Ex had drawn up so court papers because she was leaving the state. These papers were signed by the ex and her Notary Public friend on 2/5/1993. These papers stated that Keith and her will share JLC, while she has SPC. She wanted Child support upped to $500/mo. There’s a few more stipulations, but it’s visitation we’re concentrating on.

As far as visitation goes, the ex was agreeable to the following:

“a. Winter vacation defined as the period starting in December from the children’s last day of school immediately preceding Christmas through and returned the first Saturday immediately preceding the first day school commences in January the following year.

b. Spring vacation as defined as that period referred to as “spring break” or “Spring” by the children’s respective schools. Visitation beginning after the last day of school before “Spring Break” and must be returned the first Saturday immediately preceding the next school attendance day.

c. Summer vacation as defined as any four week period between academic years. Children are able to visit at any agreed upon four week period after the last day of any academic year and must be returned prior to the Saturday of the next academic year.

The previous three vacations are the only agreed upon visitation periods. All air travel, bus travel and care travel are to be divided 50/50. Furthermore, it is agreed that the preferred mode of transportation is airline.

Both parties agree that Respondent is to give Petitioner a five week notice as to when children are to deport on winter and spring vacations. Petitioner is to notify Respondent as to the exact reservations made for the children’s departure and return, and at that time to inform Respondent as to his expense for travel. Respondent is then to dispurse immediately funds for his half of the expenses to Petitioner.

Both parties agree that Petitioner and children’s place or residence is the State of Washington and that Respondent’s place of residence is the State of California. The children are not to vacation outside of the state of California without expressed written consent from the Petitioner. The children are not to reside outside of the state of Washington without the expressed written consent of the respondent.”

There is a “FINALITY OF AGREEMENT” clause that states that “this agreement contains the entire agreement of the parties and otherwise supersedes any previous agreement or agreements between the parties. No other agreement, statement, or promise made by or to the other party or the agent or representative of either of the parties, shall be binding on the parties unless it is in writing and signed by both of them subsequent to the day of the execution of this agreement. “

Under “GENERAL PROVISIONS” it’s written that “THIS AGREEMENT BECOMES EFFECTIVE IMMEDIATELY AS OF THE DAY AND YEAR FIRST WRITTEN ABOVE, FEBRUARY 4, 1993.”

Well, Keith DID NOT agree with the children being moved out of state so he did not sign this drawn up Stipulation Amending Custody, Visitation and Support of Minor Children.

The ex packed bag, baggage and their two kids up and moved anyway, within a week.

November 1990

When Keith and ex divorced in 1990, he had defaulted. He just wanted to be done with her.

November 29, she was awarded sole physical custody of their two kids and he was awarded Joint Legal Custody with rights of reasonable visitation as mutually agreed upon with the Petitioner. It was also ordered that he “shall not remove the minor child from the County of San Diego without the express written permission of Petitioner or further order from this Court.”

He had moved to the LA area, so visitation was mutually agreed upon, he would drive to the County of San Diego or she would drive the kids up.

Keith told me that whenever it was an advantage for her, she would let him see the kids. For example, when she wanted to go out.

In the Spring of 1990, had written him and told him that she guesses he doesn’t miss her, but it was nice to see him. She also told him that “just because they get divorced legally it doesn’t mean have to mean the end of” them, that she would “like to” see him again, she “just didn’t want to be married anymore.”

Child support was $200 per child, ceasing when the child dies, reaches age of 18, enters Marriage, becomes emancipated, or ceases to be in the physical custody of the petitioner. IF the child reaches age 18, unmarried, resides with Petitioner, still a full time high school student, support shall continue pursuant to CA Civil Code section 4704.5, until the child marries, no longer resides with Petitioner, no longer a full time high school student, completes 12th grade, or attains age 19, “WHICHEVER SHALL FIRST OCCUR.”

She was also awarded as her sole and separate property the family residence, all items of furnishings, appliances and personal affects currently in her possession ad the 1986 Nissan 200 SX.

There was also an order that “Neither party shall annoy, harass, telephone or otherwise disturb the peace of the other in at any time or at any place. “

Sole Physical Custody:  A parent with sole physical custody is referred to as the custodial parent.  They have the legal authority to decide where a child will live, although some restrictions might apply depending on the state or if a relocation clause has been signed. http://www.custodyzen.com/divorce-terms/sole-legal-custody.html#2

Joint Legal Custody: Under California law, “joint legal custody” means that both parents share the right and responsibility to make decisions relating to the health, education, and welfare of a child. (Cal. Fam. Code § 3003.) https://www.divorcenet.com/states/california/ca_legal_physical_custody#:~:text=Under%20California%20law%2C%20%22joint%20legal%20custody%22%20means%20that,Joint%20legal%20custody%20is%20very%20common%20in%20California.

4704.5.  For purposes of Sections 4710.9, 4711, 4711.5, 4711.7,
4712, and 4712.5, the director of the responsible state agency
includes a designee thereof, which may, but need not, be a public or
private agency that contracts with the State Department of
Developmental Services for the provision of hearing officers or
mediators.

https://law.justia.com/codes/california/2005/wic/4700-4704.5.html#:~:text=%22Service%20agency%22%20means%20any%20developmental%20center%20or%20regional,provide%20services%20to%20persons%20with%20developmental%20disabilities.%204704.5.