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  1. #1

    Default Modification of a Court Order From Another State

    My 5 year old daughter and I reside in Florida but are originally from Mississippi which is where her father resides. Two years ago when I decided to move to Florida with my daughter he took me to court so that we could establish visitations & custody. He was okay with us moving to FL as long as he & his parents were able to see her on a regular basis. I was awarded physical custody and we both have joint legal. The court order read that he got her the first week of Christmas in odd years and the second week in even years, every other Thanksgiving, every spring break and 6 weeks in the summer until she started Kindergarten. Keep in mind that she is now in Kindergarten. In lieu of child support he is required to drive from MS to FL (500 miles) to pick Maddie up and brink her back to home to FL every month for a week at a time for visitation, all at his expense. We also agreed that he could claim her on his taxes on even years as long as he did not miss 2 consecutive visits in a row. Needless to say that in 2006 (even yr) when the order was placed he skipped every other month on his visitations. He managed to never skip two in a row (he wanted the tax). However in 2007 he skipped consecutive visits on more than one occasion (it is my turn to claim her.....I guess he has nothing to lose). He never once offered to pay any type of child support for the times he did not get her as scheduled. She is now in Kindergarten and he only gets her on holidays. She goes 80% of the year without seeing him or even talking to him on the phone (he hasn't called for 2 months to even speak to her and see how she is doing). Since my daughter and I are now residents of Florida I want to know what steps I will need to take to have a new order prepared in the State of Florida and the one in MS revoked. I am also in the process of working with The State of Florida to have child support enforced since he no longer gets her for visitations accept for holidays. He is also supposed to carry health insurance on her. I found out 2 months ago that he cancelled his insurance policy on her because it was costing him too much money. His response was "can you get her on Medicaid or something"? To add her to my insurance at work it will cost me $226/mo. I am a single mom who makes $26,000/year and receives no child support so I am now working with Florida Healthy Kids to get her insurance for around $15-$20/mo. This is all that I can afford for the time being. Do I have a chance of getting an order in Florida or having FL have jurisdiction over Ms? I need help......my daughter deserves it!!

  2. #2
    Join Date
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    Default Re: Modifcation of a Court Order From Another State

    Quote Quoting brandikehoe
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    My 5 year old daughter and I reside in Florida but are originally from Mississippi which is where her father resides. Two years ago when I decided to move to Florida with my daughter he took me to court so that we could establish visitations & custody. He was okay with us moving to FL as long as he & his parents were able to see her on a regular basis. I was awarded physical custody and we both have joint legal. The court order read that he got her the first week of Christmas in odd years and the second week in even years, every other Thanksgiving, every spring break and 6 weeks in the summer until she started Kindergarten. Keep in mind that she is now in Kindergarten. In lieu of child support he is required to drive from MS to FL (500 miles) to pick Maddie up and brink her back to home to FL every month for a week at a time for visitation, all at his expense. We also agreed that he could claim her on his taxes on even years as long as he did not miss 2 consecutive visits in a row. Needless to say that in 2006 (even yr) when the order was placed he skipped every other month on his visitations. He managed to never skip two in a row (he wanted the tax). However in 2007 he skipped consecutive visits on more than one occasion (it is my turn to claim her.....I guess he has nothing to lose). He never once offered to pay any type of child support for the times he did not get her as scheduled. She is now in Kindergarten and he only gets her on holidays. She goes 80% of the year without seeing him or even talking to him on the phone (he hasn't called for 2 months to even speak to her and see how she is doing). Since my daughter and I are now residents of Florida I want to know what steps I will need to take to have a new order prepared in the State of Florida and the one in MS revoked. I am also in the process of working with The State of Florida to have child support enforced since he no longer gets her for visitations accept for holidays. He is also supposed to carry health insurance on her. I found out 2 months ago that he cancelled his insurance policy on her because it was costing him too much money. His response was "can you get her on Medicaid or something"? To add her to my insurance at work it will cost me $226/mo. I am a single mom who makes $26,000/year and receives no child support so I am now working with Florida Healthy Kids to get her insurance for around $15-$20/mo. This is all that I can afford for the time being. Do I have a chance of getting an order in Florida or having FL have jurisdiction over Ms? I need help......my daughter deserves it!!
    Usually as long as one of the parties remains in the state the court order originated in, that state will retain jurisdiction. Although there are some exceptions to that. The best thing to do is to get a consult with an attorney to see if your situation warrants a change in venue.

    You can get a 30 minute consult with an attorney for $25 by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011.

  3. #3

    Default Re: Modification of a Court Order From Another State

    Thank for the referral #. I will give them a call today to see what my options are.

    He has already broken the court order by not having insurance on her, as well as not calling her or visiting her as he should. I still want him to have his visitation rights as per the current order, I just want to some type of child support now that he is not getting her for visitation once a month. In a way he is getting to have his cake and eat it to. I want to be fair to both my daughter and him.

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