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  1. #1
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    Nov 2010
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    8

    Unhappy Mother is Not Allowing Us to See the Child

    My question involves a child custody case from the State of: Florida

    My husband and I had children outside of our marriage then had a baby together. His ex has refused to let him see his daughter since August of 2009, right after the new baby was born. He pays an arm and a leg in child support, and we have not protested it yet even though we know she was lying about her monthly income. He has almost quit trying because it is so upsetting to him and to our children when we tell them they get to see their sister and then we get excuses or even sometimes nothing. She has recently married and I am worried about him. We can't afford an attorney and when I call around everyone is taking cases that involve dometic violence or they had to have been married. i continue to push him to keep calling and keep trying but it just ends up with us arguing. I can't imagine what he is going through since I have my two daughters with me night and day, and he on the other hand hasn't seen her in over a year. Please help us.

  2. #2
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    Apr 2009
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    Default Re: Mother is Not Allowing Us to See the Child

    Does he actually have a visitation order?

    If so, how many times has he actually gone over to see his daughter and Mom has refused?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Nov 2010
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    ARIZONA
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    33

    Default Re: Mother is Not Allowing Us to See the Child

    Has he gone to the house on his day to pick her up? All he needs to do is show up with his court order showing visitation and then call the cops saying she will not hand her over! If he has never gone to court for it well then he needs to file papers with the court (he can do this on his own I did and still do for the past 4 years) asking for visitation a year is along time to go without your dad! I wonder why he hasn't stepped up before to do something! But he needs to get on this court will take a while so have him go to the law library in the court house buy a packet $4.00 fill it out and file it today!

  4. #4

    Default Re: Mother is Not Allowing Us to See the Child

    Quote Quoting mom85
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    Has he gone to the house on his day to pick her up? All he needs to do is show up with his court order showing visitation and then call the cops saying she will not hand her over!
    Understanding of course not to be expecting police to FORCE the exchange, but to document the issue which documentation can help bolster a claim before the court that visitation has not been followed as ordered.

    If he has never gone to court for it well then he needs to file papers with the court (he can do this on his own I did and still do for the past 4 years) asking for visitation a year is along time to go without your dad! I wonder why he hasn't stepped up before to do something!
    The court will be wondering the same thing!!!
    Catherine NeSmith
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  5. #5
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    Nov 2010
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    8

    Default Re: Mother is Not Allowing Us to See the Child

    Thank you, at this time we have no orders in place. And like I said we just can't afford an attorney at this time. I hope this works, I know he really misses her and he know he is missing out on a lot, he sees our girls growing and progressing so fast on a daily basis. When he went to the court house before they told him he would need a lawyer to file the papers, so that is our niggest concern at this time.

    No order in place and I can assure you if there was one he wouldn't miss a visit if it killed him.

  6. #6
    Join Date
    Nov 2010
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    ARIZONA
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    Default Re: Mother is Not Allowing Us to See the Child

    I have no CLUE who told him that maybe they said it would be helpful to have lawyer..... Up front it is alot of work but he does not need a lawyer! That is crud! Yes if he has the money for one it would be GREAT and so helpful but he can do this on his own!

    I can not afford a lawyer and never could my ex did and does have one (his wife's uncle so it is free to them)

    He can also print the packet he needs off from online. Have him search his court house and then look for a visitation packet, or black motion and have him type out what he wants, every other weekend or once a week.. Then he will drive down to the court house wait in a line to file this there is a filing fee around $200-300 but by the line there is another packet he can fill out to have the money waved at time so he can make payments on this so they will file it free at time and he will make payments on the filing fee. Now he will be given back on of his copies (he needs to go with 3 copies of all the paperwork) he will have to certifi mail this to here (the one from UPS store is $14.00 so they get her to sign for it then u go to store and get a copy of her siginture) she has like 15 days or so to respond if she does not respond then you will have to set up a court date if court doesnt within another 2 weeks so now your at around 1 month after paper is filed... The court date will be around 30-60day out so now 1-3months out from time of filing. He will have to go and if they have mediation first he will go into a room with her alone you will not be allowed in at all they have an hour to talk and try and work something out if they dont it is seen before a judge right after. He also should file child support paper work to get it lowered if she lied. but I would test it out online first from a child support caculator as it may go UP..

    Yes lots of time and work but worth it for his daughter she does need a daddy.

  7. #7
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    Default Re: Mother is Not Allowing Us to See the Child

    Quote Quoting mom85
    View Post
    I have no CLUE who told him that maybe they said it would be helpful to have lawyer..... Up front it is alot of work but he does not need a lawyer! That is crud! Yes if he has the money for one it would be GREAT and so helpful but he can do this on his own!

    I can not afford a lawyer and never could my ex did and does have one (his wife's uncle so it is free to them)

    He can also print the packet he needs off from online. Have him search his court house and then look for a visitation packet, or black motion and have him type out what he wants, every other weekend or once a week.. Then he will drive down to the court house wait in a line to file this there is a filing fee around $200-300 but by the line there is another packet he can fill out to have the money waved at time so he can make payments on this so they will file it free at time and he will make payments on the filing fee. Now he will be given back on of his copies (he needs to go with 3 copies of all the paperwork) he will have to certifi mail this to here (the one from UPS store is $14.00 so they get her to sign for it then u go to store and get a copy of her siginture) she has like 15 days or so to respond if she does not respond then you will have to set up a court date if court doesnt within another 2 weeks so now your at around 1 month after paper is filed... The court date will be around 30-60day out so now 1-3months out from time of filing. He will have to go and if they have mediation first he will go into a room with her alone you will not be allowed in at all they have an hour to talk and try and work something out if they dont it is seen before a judge right after. He also should file child support paper work to get it lowered if she lied. but I would test it out online first from a child support caculator as it may go UP..

    Yes lots of time and work but worth it for his daughter she does need a daddy.

    And you know this would be accurate for Florida?

    I can tell you that a couple of points are not...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
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    Nov 2010
    Location
    ARIZONA
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    33

    Default Re: Mother is Not Allowing Us to See the Child

    http://flcourts.org/gen_public/famil...es/index.shtml here is the florida court website you can find most answers here and the packets to file

  9. #9
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    Default Re: Mother is Not Allowing Us to See the Child

    Quote Quoting mom85
    View Post
    http://flcourts.org/gen_public/famil...es/index.shtml here is the florida court website you can find most answers here and the packets to file


    Much more helpful answer
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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