My question involves a child custody case from the State of: Florida. My daughter lives in Florida as of right now. She wants to move back to West Virginia where her family is. She and her husband have been separated for over a year. No Divorce because they can not agree on custody. My daughter has no family there and no money for a lawyer. His family on the other hand has paid for him a lawyer to fight for custody. There is a lot more going on then what the courts know. My daughter without a lawyer can not give all the details. She does not want to leave the state if she will not be able to fight for Custody. He lives with him mom and dad and so does their baby. He has no job so how can he be the one providing for the family? Well the answer is he isn't his mother and father has. She agreed to give him 100% temporary Custody on Oct. 14th, 2014. The father resided in Tampa at the time but the baby remained in Marion County with his parents. My daughter also stayed in Marion County not with his parents though. So my question is: WHAT IS THE BEST THING SHE CAN DO?
Fighting for Custody from Another State
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04-26-2014, 03:28 PMZakkary's MawmawFighting for Custody from Another State
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04-26-2014, 04:00 PMDogmatiqueRe: Custody Fighting from Another State
We honestly can't answer that question.
It's not about her. It's about the child. If she wants custody though, she best have a plan in action because she's not just asking for custody, but to remove the child from the state of Florida.
So, let's talk about the background.
child is...how old?
Work status of both parents?
Where is the baby now? -
04-26-2014, 04:42 PMCourtClerkRe: Custody Fighting from Another State
The good thing is that if he doesn't have a job and he has custody, your daughter will be paying child support so there will be a source of income in which to help support the child. The courts are not going to hold his unemployment against him, there are millions of unemployed custodial parents in the world, especially today.
If she is able to remove the child from Florida (IF) what plans does she have to pay for transportation for dad to come and visit in W. VA until the child is old enough to travel to FL? Then going forward, how does she plan to pay for the travel for the child to/from FL?
Is your daughter working? Are you able to provide financial help for her for an attorney? -
05-01-2014, 02:00 PMZakkary's MawmawRe: Custody Fighting from Another State
Child is 2 years old
Neither parents work she has no where to live and no way of living anywhere to establish a job. He on the other hand lives with his parents with his girlfriend and her 2 children as well
The baby is living with his parents as well and has been living with them the whole time even after he was granted 100% temporary custody and he lived in Tampa
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Yes I understand all that if I can get her back to W.VA. then we will be able to get her a lawyer. He has even violated the terms of the Parenting Plan set by the Court. I am not saying anything about him not working my point was that he was granted the Custody because he could at that time support him. He had a job at the time but he lived in another County. While the baby remained with his parents in Marion County. Which now he is living with them as he has no job now either. There has been no order for Child Support put into place. -
05-01-2014, 02:04 PMCourtClerkRe: Custody Fighting from Another State
Correction: the baby is living with ITS FATHER
Is she not able to live in a shelter? I'm not aware of many jobs that require you to live anywhere. Are you able to rent her a P.O. Box from the post office?
When you said Oct. 2014 as to when she gave him temporary custody, you meant Oct. 2013, right? So the child has been with dad for 6 months already (please clarify).
Honestly, mom can go ahead and move to you guys. If the baby has been with dad under a temporary custody order that she gave him, then they're going to leave him there unless there is a change of circumstance for the child that warrants a removal from his custody. She can then get on her feet, establish herself and start to pay support and make a way to visit and have a relationship with her child. I absolutely hate the excuse that there has been no order of support granted, so she hasn't paid support. Does she need a court order to know that her child eats and requires food and shelter? This isn't even an issue of the need to establish paternity, which actually would be a good excuse for not paying support before an order was handed down. She knows that's her child and SOMEONE is paying for his existence.
If you're able to hire her an attorney in W. VA, the process for hiring an attorney is the same in FL. Regardless of where she lives, she's going to need an attorney in FL anyway. Even IF she moved to W. VA. -
05-01-2014, 02:39 PMDogmatiqueRe: Custody Fighting from Another StateQuote:
Quoting Zakkary's Mawmaw
So Mom is homeless and the child is living with his father and his father's family?
Dad has an excellent chance of remaining the custodial parent. -
05-06-2014, 04:05 PMZakkary's MawmawRe: Custody Fighting from Another State
My question to all this was Can she fight for custody from W.VA? I am all for mother's paying Child Support I as a mother did for one of my children. I am not saying that she should not pay but how can she do that without a Job. I know that is no excuse but like I said there is a lot more than just this I was just wanting to know if she leaves the state of Fl. will she lose her chance to fight for Custody? Being as the baby can be supported here just as well as there.
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05-06-2014, 06:38 PMDogmatiqueRe: Custody Fighting from Another StateQuote:
Quoting Zakkary's Mawmaw
May I ask why Dad couldn't be the primary parent?
He seems to be doing okay... -
05-06-2014, 07:14 PMCourtClerkRe: Custody Fighting from Another StateShe can be in timbuktu as long as a judge sees an attorney appearing on her behalf. However, expect that the judge is going to give her a serious side eye when she VOLUTARILY gives custody of the child to its father and then wants him back. He's going to give her the SERIOUS side eye when she shows up with an attorney that's going to cost her hundreds of dollars per hour, but haven't sent $100 towards the upkeep of her child.Quote:
Quoting Zakkary's Mawmaw
In essence, no, she won't lose her change. Mom and dad both will have a chance. I personally don't see your daughter being successful in this case. -
05-08-2014, 08:25 AMZakkary's MawmawRe: Custody Fighting from Another State
The only problem I have with dad being the Primary Parent is: Don't get me wrong I think the world of the dad always have and always will. On the other hand they are not even following the Parenting Plan in affect now for her to see her son. Dad is doing well now that he had to leave Tampa and move back in with his mom and dad who has had the baby the whole time. If he would have taken the baby to Tampa with him and took care of him while he was there then I would not have a problem with this but he didn't. Dad moved to Tampa left the baby with his mom and dad then and only when he lost his Job got Evicted and had no where to live and no Job did he move back to Marion County with the baby. If it was not for his mom and dad taken care of him the baby which they have for a year now and his girlfriend and her 2 kids. Being as dad now girlfriend works then why should he be the primary parent? When she can do the same thing. Back home with her family. I am not saying not to let him have anything to do with the baby. I for one would never allow that. But why is it ok for them to not uphold the Parenting Plan with no cause?
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The thing of it is: She has contributed to him she has worked she just isn't working right now. She gave him temporary custody when she had no place to live after his mom and dad kicked her out because the girl he was dating stated they would not come back as long as my daughter was living there. The thing with the lawyer would be as well as his mom and dad are paying for his lawyer then why would it not be good enough for me to pay for hers?