So after we obtained a lawyer and filed the order to show cause, a Statement of fact is required, a basis for the filing so to speak. Following is PD’s that was filed.
On July 24, 1985 I Paul Diaz entered into a marital settlement agreement on Pg. 2 paragraph 7 & 8 the rights of custody and visitation were spelled out. They state that both parties agree to joint legal custody of minor child, with wife having primary physical custody. Child visitation was agreed upon by parties hereto as follows; 4 weeks during summer, one week during Christmas vacation. During this time father was taking child 65% of the time. Since I was caring for my daughter as well as my son I filed an order to show cause on 11/10/86. An agreement regarding custody and visitation was drawn up in conciliation court and signed by both parties. This order granted father joint legal and physical custody of child. This order seemed to be working until Denise started talking about going to Kentucky where her father lived. She kept stating that none of my papers were legal and this was according to her new boyfriend who was a lawyer. Denise then went back to Kentucky and within six months was married to her now husband ML. The last time I had seen my daughter was Christmas 1987. Charlie didn’t want to leave with her mother and was crying as they put her in the car. I and my son were both crying, for it seemed no matter what I did legally, nobody would help and I had exhausted any money I had. Denise stated her new husband was in the Army and that they were considering moving to Utah instead of reenlisting. Then without any notice I learned he had reenlisted and they all moved to Germany taking my daughter without my permission. When I had discovered they were in Germany through Denise’s sister it had already been several months whereupon as soon as I got a phone number I called to their surprise and wanted to know what the hell they were doing since they didn’t get my permission to take my daughter out of the country. Denise just laughed and stated she didn’t need my permission.
Soon after that I was notified by Lee Mohar that she was now they were in requesting child support. I thought this to be odd as well as a conflict of interest since Mr. Mohar had been Denise’s attorney in the divorce and now was representing her being a deputy DA.
On 12/8/89 the matter of support was resolved in court and when the question of custody came up and the denial of my rights and not really knowing too much about my rights except what I had read in the handbook I had gotten from the DA’s office. I told Judge Walker I did not want to pursue kidnapping charges at this time because Denise had just delivered twins a few months prior, and I didn’t want to cause my daughter any Trauma.
There have been several occasions when Mr. & Mrs. L were had been less than 20 miles away and never bother to contact me.
There have been several occasions when Mr. & Mrs. L were had been less than 20 miles away and never bother to contact me.
In January of 1992 I received a call from Denise; she called to inform me that they had been back in the state since 10/91. At this time we discussed my getting my daughter in July. From January to June I had been calling my daughter and she was very excited about coming to visit her brother and father. had made all the arrangements, bought the tickets and was ready and Denise was willing to resume my rights. I had a snag in my flight plans and called Denise to relay that I had to take an extra 10 days to return her home due to the fact that she did not want me flying into any other airport but Alexandria. Said it would be too much of an inconvenience to them to drive any further. I went to my sons baseball game and returned to find a message on my machine which was Denise saying that 10 days was to long and that ‘no’ I could not have her and to try and buy new tickets. I then called Napa police department whereby officer Terry Gonzalves had come by and looked over my legal papers and called Denise on the phone and explained that by seeing the papers in front of him and unless there were others that would contrast their content that I had the right to see my daughter. About an hour or so after officer Gonzalves had called her I called her back to see if everything was OK to come get my daughter. Mrs. L then cursed me for bring the law into it and said we could have reached an agreement on our own. Mrs. L at that time said she had reconsidered and it was OK to pick up my daughter as originally planned, June 15, 1992.
On June 11 at 5:30pm I received a call stating that “I better get a better lawyer to play a fucking cop”. She stated I was not going to see my daughter and they knew what I was up to and they had told my daughter all about it and how bad I was, and that she had then stated that she didn’t want to come see me. I then called Napa police department and received a return call from officer Gonzalves, I then explained the situation.
Since I had already purchased my plane tickets and a plane ticket for my daughter which was non-refundable, I flew to Alexandria, Louisiana on 6-12-92.
On 6-13-92 after arriving in Alexandria at 9:50am and getting a rental car and a room, I went to the police department for assistance, who sent me to the sheriff’s office in Leesville. They said my papers should be brought before a judge.
I stopped by 320 Stanton St. (the address given to me by Denise) to see my daughter. The man who answered the door said he had moved in a month ago and did not know Mr. or Mrs. L. I called at 3:00pm to see my daughter, Denise asked where I was, I told her where I was and she said she would call me back. She refused to tell me where they lived. She sounded as if she were trying to set me up for something. It was now 9:30pm and she never called back.
On Monday 6/15/92, I went to the airport in Alexandria, Louisiana to return to California having not seen my daughter and having no idea where she was or the condition she was in. After I boarded the plane I sat down in my window seat and I saw Denise who was standing outside by a fence.
She saw me and started jumping up and down giving me the finger.
She saw me and started jumping up and down giving me the finger.
Upon arrival back in Napa I contacted Mike Shennard at the Napa County DA’s office with all the above information.
On July 24, 1992 Mr. Shennard flew out to Leesville, Louisiana and obtained custody of my daughter on July 27, 1992. He brought her to Sacramento, California by plane where I picked her up. I had not seen her in almost five years. God bless him!
My daughter is now with me and for all the above reasons I ask for permanent and temporary custody of her.
Dated 8/6/92 Signed by PD
