Can we be forced to move back?

[Trying2bfair]

What is the name of your state? Florida

I have moved to FL from NY 8 months ago. Custody had never been determined since my daughters father and I both wanted to take care of it our own way. He is now threatning that if i let her visit he will not send her back to me. What should I do to make sure that if I let her go visit I will get her back? Can I file for custody in FL or will I get in trouble for leaving the state without permission from him? He also threatens that if I try to go to court now that I will have to move back to New York. Can the court make me do that?

 

[huntersmommy06]

What is the name of your state? Florida

I have moved to FL from NY 8 months ago. Custody had never been determined since my daughters father and I both wanted to take care of it our own way. He is now threatning that if i let her visit he will not send her back to me. What should I do to make sure that if I let her go visit I will get her back? Can I file for custody in FL or will I get in trouble for leaving the state without permission from him? He also threatens that if I try to go to court now that I will have to move back to New York. Can the court make me do that?

Need a little more info:
Are you currently married to your child's father?
If not, has paternity been legally established?
Have you established residency in Florida (driver's license change, job, etc... during the last 6 months?)
Is father paying court ordered child support?

 

[Trying2bfair]

Her father and i have never been married and i have raised her on my own for the last 4 1/2yrs. We never went to court he paid me child support when he could never a set amount. We have started over here I have a wonderful career and we have a great life here. I want to let her visit her father she misses him very much and talks about going to visit all the time I want to make sure that if I let her go I will get her back.

 

[Trying2bfair]

As far a paternity being established he did sign the paternity test and she does have his last name.

 

[abstract99]

We never went to court he paid me child support when he could never a set amount. QUOTE]

What does this mean?

Custody had never been determined since my daughters father and I both wanted to take care of it our own way.

Well now you can't so it is time to get to court. I am not sure where you are to file you should check with a lawyer to make sure your rights are protected and you do it right. He has rights too. If you don't have some type of written agreement that covers this situation then you risk getting screwed. you do have a good chance of retaining custody since it seems that you have been the sole caretake so far. He has not seen her in 8 months? Why not?

 

[misslawli]

Check for free consults with local lawyers. Find out what the leagal time frame is for establishing residency in your new state. If you have been there 8 months you should be (or at least really close to it) considered a legal resident of Fla. File there for custody/visitation. Then you will have it court ordered, and if he doesn't send her back, then you have legal recoarse.(sp?)

 

[misslawli]

Well now you can't so it is time to get to court. I am not sure where you are to file you should check with a lawyer to make sure your rights are protected and you do it right. He has rights too. If you don't have some type of written agreement that covers this situation then you risk getting screwed. you do have a good chance of retaining custody since it seems that you have been the sole caretake so far. He has not seen her in 8 months? Why not?[/QUOTE]

Probably it is quite a drive from NY to Fla. Sorry for being sacastic but that was really wearing on my nerves, ya know something you KNOW you should leave alone but CAN'T. I don't mean it as a personal thing towards you.

 

[abstract99]

Well now you can't so it is time to get to court. I am not sure where you are to file you should check with a lawyer to make sure your rights are protected and you do it right. He has rights too. If you don't have some type of written agreement that covers this situation then you risk getting screwed. you do have a good chance of retaining custody since it seems that you have been the sole caretake so far. He has not seen her in 8 months? Why not?[/QUOTE]

Probably it is quite a drive from NY to Fla. Sorry for being sacastic but that was really wearing on my nerves, ya know something you KNOW you should leave alone but CAN'T. I don't mean it as a personal thing towards you.

Good thing you pointed it out. I did not see that she had moved to NY. Still why has he not had at least some type of visitation? Even if the child is in school, this is spring break. Did he try to have some type of visitation? Or is this the first time that he has requested it?

 

[JWWP20]

I moved from NY to SC 2 years ago....my six year old son went up there (NY) to visit his father (court ordered)....when it was time to return my son his father disappeared with him for three days. The police found them 3 days (the longest days of my entire life) later and my son was returned. My son and I were some of the lucky ones.
If there isn't a court order in place for your daughter to go see her father and he's threatening to keep her....don't let her go.

 

[stealth2]

Well now you can't so it is time to get to court. I am not sure where you are to file you should check with a lawyer to make sure your rights are protected and you do it right. He has rights too. If you don't have some type of written agreement that covers this situation then you risk getting screwed. you do have a good chance of retaining custody since it seems that you have been the sole caretake so far. He has not seen her in 8 months? Why not?[/QUOTE]

Probably it is quite a drive from NY to Fla. Sorry for being sacastic but that was really wearing on my nerves, ya know something you KNOW you should leave alone but CAN'T. I don't mean it as a personal thing towards you.

It is, however, a relatively good question. Has Dad asked and Mom refused? Has Dad not asked? Has Dad asked and Mom said fine if he does the travel or pays for it? (Dad shouldn't have to foot the bill for visitation since Mom moved.)

 

[huntersmommy06]

Check for free consults with local lawyers. Find out what the leagal time frame is for establishing residency in your new state. If you have been there 8 months you should be (or at least really close to it) considered a legal resident of Fla. File there for custody/visitation. Then you will have it court ordered, and if he doesn't send her back, then you have legal recoarse.(sp?)

6 months is the required amount of time to establish residency in Florida. Since dad has paternity established, he is well within his rights to file for custody/visitation and child support, if you do not file a petition in the state of FL first. Your best bet is to consult with an attorney to see all of your rights and the best course of action to take.

side note: the more you and dad can agree on, the less it will cost in the long run.

 

[huntersmommy06]

If there isn't a court order in place for your daughter to go see her father and he's threatening to keep her....don't let her go.

The poster indicated that paternity has been established, therefore, dad has just as much rights to custody of the child as much as mom.

In the states of Florida and NY the parent awarded custody (if there is indeed a custody battle in this situation) is usually the parent who is willing to foster a relationship between child and non custodial parent. Refusing to let child visit with dad could work against her.

 

[BL]

Bottom line , is IF she can prove residency requirements , and Petition first , FL. will likely take Jurisdiction .

She would need to be prepared to pay travel cost , and allow as much visitation as reasonable for DAD .

She IS the one that Frustrated his visits , even though none were court Ordered .

 

[huntersmommy06]

Bottom line , is IF she can prove residency requirements , and Petition first , FL. will likely take Jurisdiction

In order to prove residency, all poster needs to do is file an Affidavit of Corroborating Witness (can be an employer, friend, etc...) stating that they know the petitioner along with a Valid Florida driver's license issued within the last 6 months.

 

[MinCA]

You haven't said that the father is bad or unfit. Therefore, why not move back to ensure that your daughter can have frequent and ongoing contact with BOTH of her parents? He has as much right to her as you do. It takes two to make a baby and two to raise one. Kudos for working it out for so long, but now an order needs to be set. You need to put this little girl before yourself and move back so that SHE can have her dadd in her life as well as her mommy. A truly loving parent put the child before themselves, before all else.

It could work to your detriment that you moved the child so far away. A court could give Dad all the custody and you visitation as you are the one who choicefully creared the situation that will make contact more difficult.

If YOU want to be a part of this girl's life, you should move back.

How does it benefit anyone to stay away? Either Daughter loses Daddy, or Daughter loses Mommy because Mommy moved her so far away and made it hard for her to see Daddy. There is NO benefit for ANY of you in staying. And the one hurt the most is Daughter-such distance guarantees that she will lose one parent and instead gain an occassional visitor.

She deserves both parents.