My question involves a child custody case from the State of: Florida
I want to know if i will have the sole custody if i moved out of the state after i let the father know my reasons for moving and he refused. he filed a kidnapping charge on me and is doing everything possible to get his way and destroy my new life. i have people who are willing to testify and back me up in everything. i know that is in the best interest of my child. will it help if i am not trying to take her away from him but trying to offer new visitation rights to him such as give him the whole summer every summer please if anyone knows somthing please let me know. thank you
Sole Custody
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03-09-2010, 02:42 PMkuky1121Sole Custody
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03-09-2010, 02:56 PMNdK1009Re: Sole Custody
Do you have a court order for visitation which addresses your ability to move out of the state?
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03-09-2010, 03:06 PMDogmatiqueRe: Sole CustodyQuote:
Quoting kuky1121
What were your reasons?
How did the move affect Dad's visitation? -
03-09-2010, 03:16 PMaardvarcRe: Sole Custody
What is the legal status of custody now? Has a court ordered that he has SOME level of custody or visitation?
Moving a child out of state, when there is a current custody or visitation order, without the approval of the court who issued that order, will not be a good thing for you. The court can even rule that the child must be returned to the father until a new custody hearing is held (even if YOU are living out of state - and waiting for a hearing could take months). If there is a court order in place, it is up to the COURT to determine what is in the child's best interests - the court may agree with you and your reasons, and it may not, but you don't have the legal ability to over-ride a standing court order if one already exists. If you haven't already, you need to be speaking to an attorney - BEFORE you leave the state. -
03-11-2010, 12:19 PMkuky1121Re: Sole Custody
Well i have already moved i really didnt have a choice i was literaly on the street and i didnt have anyone to help considering the fathers didnt help at all. there is already a court order to return the baby to her father for temp custody...but i sent a letter to the judge and the father and the judge gave a hearing in 2 weeks which i will travel for...i moved and did tell the fathers i was moving..here where i live my oldest daughter is in school we have our own place and we are doin really good and the baby has her own room what are my chances considering the situation???:confused:
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03-11-2010, 12:51 PMDogmatiqueRe: Sole CustodyQuote:
Quoting kuky1121
So..has Dad been having regular visitation which his child?
How far did you move? -
03-11-2010, 03:16 PMkuky1121Re: Sole Custody
i just recently moved from florida to louisiana...before i moved we had divorced some months before bein seperated for more than 3 years..it was constant that he didnt see the baby or pay child support as a matter a fact he owes in child support and arrears since the divorce he hasnt excersied his visitation or child support as stated on the divorce agreement...he went at one time almost a year withoout seeing the baby.he's on probation and has violated his probation with a dui....i have offered ALL summers with paid transportation for the our daughter
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03-11-2010, 03:29 PMDogmatiqueRe: Sole CustodyQuote:
Quoting kuky1121
You need an attorney. I can see a judge being VERY ticked at you, and Dad may well be successful in what he wants to accomplish. -
03-11-2010, 03:51 PMkuky1121Re: Sole Custody
well what if i have returned her to him and the judge has given me a chance because his assistant said due to the letter i wrote to the judge he is giving me that hearing...considering i wasnt able to attend the first one...i have people who are willing to testify for me.....i cant afford an attorney....PLEASE what can i do i cant live without my daughter....and my 7 year old will be torn if she finds out shes not going to be with her sister
well the court already granted him temp custody..i cant afford an attorney....but i wrote a very detailed letter to the judge and has given me a hearing in 2 weeks...i had no choice but to leave i had no where to live withmy kids and here my boyfriend has family and has a job that can afford everything while i look for a job..what can i do?? -
03-11-2010, 04:11 PMDogmatiqueRe: Sole CustodyQuote:
Quoting kuky1121
Dad probably feels the same way - I'm not trying to be mean, but he has just as much right to his child as you.
Quote:
well the court already granted him temp custody..i cant afford an attorney....but i wrote a very detailed letter to the judge and has given me a hearing in 2 weeks...i had no choice but to leave i had no where to live withmy kids and here my boyfriend has family and has a job that can afford everything while i look for a job..what can i do??
I'm actually astonished the judge read your letter - that's highly unusual, and often considered unethical.
So can we please recap?
You moved, Dad filed, you didn't attend the hearing, Dad was awarded temporary custody and you still haven't returned your daughter?