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Can we be forced to move back?
- Thread starter Trying2bfair
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
LdiJ
Senior Member
misslawli said:Thanks for clarifying that for me. I assumed (I know bad thing to do...) that since she was a reisident of Fla. that is where the juridiction was, regardless of where the dad is. But now I know.
ARG....WRONG ANSWER.
If there were no previous court orders, then the state of the child's legal residency determines jurisdiction. Therefore Florida would have jurisdiction.
huntersmommy06
Member
LdiJ said:
And if father denies in the petition that mother has had physical custody the entire six months, how would either party go about that? (Example: my son has been residing with me since the seperation, in my husband's counter petition he denies that child has been residing with me. Now I have to "PROVE" that my son has lived with me).
here are a few links
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Trying2bfair
Junior Member
Sorry Reply Took So Long
just to clear some things up.... I would never denie visitations with her and her father I am the one trying to keep him in contact with her...I have already offered to pay for the plane tickets and I have never asked for a penny from him....My daughter comes first and I want nothing more than for her to have a relationship with her dad on a regular basis...
I disagree on me moving back to NY from FL I am not going to set a limitation on our lives because her father is not capable of paying a few hundred dollars for a plane ticket....he does not pay for anything else....I provide health care, child care, clothes on her back, and the food in her mouth I will not service his needs and stay near him so he can take her for a whole 48hrs on a weekend...
just to clear some things up.... I would never denie visitations with her and her father I am the one trying to keep him in contact with her...I have already offered to pay for the plane tickets and I have never asked for a penny from him....My daughter comes first and I want nothing more than for her to have a relationship with her dad on a regular basis...
I disagree on me moving back to NY from FL I am not going to set a limitation on our lives because her father is not capable of paying a few hundred dollars for a plane ticket....he does not pay for anything else....I provide health care, child care, clothes on her back, and the food in her mouth I will not service his needs and stay near him so he can take her for a whole 48hrs on a weekend...
Inquiry123
Member
One more time?
"...I want nothing more than for her to have a relationship with her dad on a regular basis." You're kidding, right? I don't even know anything about you and I bet I can name three things you want more.
Here's a story. A girl who was trying to be fair found a magic lamp on the beaches of Florida. When she rubbed the lamp, a genie appeared and offered to grant her three wishes. No sooner had he offered than she said, "I want nothing more than for my daughter to have a relationship with her dad on a regular basis." POOF! She found herself back in NY.
"...I want nothing more than for her to have a relationship with her dad on a regular basis." You're kidding, right? I don't even know anything about you and I bet I can name three things you want more.
Here's a story. A girl who was trying to be fair found a magic lamp on the beaches of Florida. When she rubbed the lamp, a genie appeared and offered to grant her three wishes. No sooner had he offered than she said, "I want nothing more than for my daughter to have a relationship with her dad on a regular basis." POOF! She found herself back in NY.
My husband had not seen his daughter in almost 3 years until last week when we traveled from Oklahoma to Oregon. Due to some health issues he was not able to travel from Oklahoma to Oregon, he begged his ex to let him see his daughter and we went as far as to offer to fly his daughter, another sibling ( not his ) the chillds mother and step father here MORE than once just so that he could see her. ( Mother has family here so its not like she is on unfamiliar territory.) SHE has refused to budge at all.
He hasnt been able to file a contempt citation because he could not get to court house to file. He was unable to locate an attorney who wanted to work case with us in one state, wife in another and wanted an insane amount of money for a retainer ( claiming that there would be excessive paperwork ).
So dont assume if a father hasnt seen his child not always means he doesnt want to. You should see our long distance bill considering they talk almost every day. When we went to Oregon last week we were able to get some papers filed since once we got there, after saving for a year. She attepmted to hide this child from him because her last ex has some visitaion she basically told my man Kaitlyn has a new dad if you see her it will effect their relationship WHO F'in cares. Its funny she thinks that way because she initally told him that he could not see his daughter if he brought his new bitch. ( namely me ) You cannot have your cake and eat it too !
He hasnt been able to file a contempt citation because he could not get to court house to file. He was unable to locate an attorney who wanted to work case with us in one state, wife in another and wanted an insane amount of money for a retainer ( claiming that there would be excessive paperwork ).
So dont assume if a father hasnt seen his child not always means he doesnt want to. You should see our long distance bill considering they talk almost every day. When we went to Oregon last week we were able to get some papers filed since once we got there, after saving for a year. She attepmted to hide this child from him because her last ex has some visitaion she basically told my man Kaitlyn has a new dad if you see her it will effect their relationship WHO F'in cares. Its funny she thinks that way because she initally told him that he could not see his daughter if he brought his new bitch. ( namely me ) You cannot have your cake and eat it too !
LdiJ
Senior Member
Trying2bfair said:
I am going to try to summarize and correct some of the answers you have recieved on this thread.
Since there are no court orders for custody...and he has threatened to keep the child if she goes to NY for visitation...unfortunately you simply can't send her at this point. You need to get court orders in place first. There is simply too much risk if you don't. Without court orders he really COULD keep her and its unlikely that the police would help you...you would have to take it to court to get her back. Therefore, take it to court in advance.
Florida has jurisdiction because the child has been a legal resident of Florida for the last 8 months. Obviously you can prove that the child has been living with you because of school/medical/daycare records.
Therefore, it would be in your best interest to hire an attorney and petition to establish paternity, child support, custody and visitation orders.
Since you were the one who created the distance, its very probable that you will be ordered to pay for the transportation costs....at a very minimum you will probably be ordered to pay half. The only exception to that might be if there was a really serious income discrepancy.
Guys....I have seen more wrong answers, incomplete answers, completely straying away from the subject answers on this thread than in most others....sigh.
LdiJ
Senior Member
Blonde Lebinese said:
Huh?...I don't understand the question.....I meant "guys" in the sense of "you guys"...people...not in the sense of males...is that what you meant? If not, please clarify your question.
I also was not suggesting that I was the only one who gave any correct answers....but there were some quite bad ones.