Floirda - Bias in courthouse. Judge severely limited my visitation with my daughter.

[Physx78]

What is the name of your state (only U.S. law)? Florida

In short, my ex-wife got an attorney and modified our original parenting agreement by having the judge severely limit my visitation with my daughter. My ex-wife's excuse was domestic violence in my household, which even the other party involved (my fiance) made it clear is non-existent. However, DCF has made claims and my ex-wife is taking advantage of it.

I used to see my daughter on Facetime every day and had her for the entire weekend every other weekend (excluding holiday and summer exceptions). My visitation is now limited to an hour every other week in a visitation center (at my expense and located close to my ex and a 2-2.5hr drive for me), and I can only talk to my daughter on the phone (no more video chat). I brought the fact that my daughter is three up as a concern for phone calls as opposed to video chat, but the judge gave my ex every single thing she asked for in court. There was clear bias and favoritism on her part since the courthouse is located in a very small town that she grew up in where everyone knows everyone else.

I am not sure if the best action at this time is for me to file a Motion to Change Venue to get the case out of that courthouse where there is clear bias (I have multiple pieces of evidence to support this outside this current situation), or if filing an appeal would be more suitable? It is hard to hear my daughter on the phone, as she doesn't speak clearly into the phone, and it is heartbreaking to have to ask her to repeat herself multiple times as well as have her asking to see me and my ex won't let her. I understand that face-to-face visitation might take time to appease DCF first, but I feel eliminating my video communication is unreasonable, especially considering her age and the fact that my ex even acknowledged not once has she ever seen any concern while I have been on Facetime with my daughter.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

In short, my ex-wife got an attorney and modified our original parenting agreement by having the judge severely limit my visitation with my daughter. My ex-wife's excuse was domestic violence in my household, which even the other party involved (my fiance) made it clear is non-existent. However, DCF has made claims and my ex-wife is taking advantage of it.

I used to see my daughter on Facetime every day and had her for the entire weekend every other weekend (excluding holiday and summer exceptions). My visitation is now limited to an hour every other week in a visitation center (at my expense and located close to my ex and a 2-2.5hr drive for me), and I can only talk to my daughter on the phone (no more video chat). I brought the fact that my daughter is three up as a concern for phone calls as opposed to video chat, but the judge gave my ex every single thing she asked for in court. There was clear bias and favoritism on her part since the courthouse is located in a very small town that she grew up in where everyone knows everyone else.

I am not sure if the best action at this time is for me to file a Motion to Change Venue to get the case out of that courthouse where there is clear bias (I have multiple pieces of evidence to support this outside this current situation), or if filing an appeal would be more suitable? It is hard to hear my daughter on the phone, as she doesn't speak clearly into the phone, and it is heartbreaking to have to ask her to repeat herself multiple times as well as have her asking to see me and my ex won't let her. I understand that face-to-face visitation might take time to appease DCF first, but I feel eliminating my video communication is unreasonable, especially considering her age and the fact that my ex even acknowledged not once has she ever seen any concern while I have been on Facetime with my daughter.

How did DCF get involved in the first place? Once you answer that question I can give you better advice. However, I doubt that your ex is "taking advantage" of a DCF investigation that she did not instigate. Once DCF is involved she has to obey their rules and the judges orders just like you do, or she can risk the child being taken into foster care.

 

[Just Blue]

What is the name of your state (only U.S. law)? Florida

In short, my ex-wife got an attorney and modified our original parenting agreement by having the judge severely limit my visitation with my daughter. My ex-wife's excuse was domestic violence in my household, which even the other party involved (my fiance) made it clear is non-existent. However, DCF has made claims and my ex-wife is taking advantage of it.

I used to see my daughter on Facetime every day and had her for the entire weekend every other weekend (excluding holiday and summer exceptions). My visitation is now limited to an hour every other week in a visitation center (at my expense and located close to my ex and a 2-2.5hr drive for me), and I can only talk to my daughter on the phone (no more video chat). I brought the fact that my daughter is three up as a concern for phone calls as opposed to video chat, but the judge gave my ex every single thing she asked for in court. There was clear bias and favoritism on her part since the courthouse is located in a very small town that she grew up in where everyone knows everyone else.

I am not sure if the best action at this time is for me to file a Motion to Change Venue to get the case out of that courthouse where there is clear bias (I have multiple pieces of evidence to support this outside this current situation), or if filing an appeal would be more suitable? It is hard to hear my daughter on the phone, as she doesn't speak clearly into the phone, and it is heartbreaking to have to ask her to repeat herself multiple times as well as have her asking to see me and my ex won't let her. I understand that face-to-face visitation might take time to appease DCF first, but I feel eliminating my video communication is unreasonable, especially considering her age and the fact that my ex even acknowledged not once has she ever seen any concern while I have been on Facetime with my daughter.

You have posted before and deleted...Why did you do that?

 

[Just Blue]

https://forum.freeadvice.com/domestic-violence-abuse-38/state-attorney-refused-look-evidence-domestic-violence-case-what-do-610617.html

 

[Physx78]

How did DCF get involved in the first place? Once you answer that question I can give you better advice. However, I doubt that your ex is "taking advantage" of a DCF investigation that she did not instigate. Once DCF is involved she has to obey their rules and the judges orders just like you do, or she can risk the child being taken into foster care.

DCF got involved because my fiance and I have twin boys together and they used the alleged domestic violence as an excuse to take our boys from us and force us to go through their programs in order to get them back. There are a lot of details, but in short, my daughter is in another jurisdiction, is older than our boys (and hence can easily speak for herself), and DCF has no involvement with the case involving my ex. DCF staff even made it clear in court that they did not see a need to take action with my daughter, only the twin boys.

I understand the concerns of my daughter being in what DCF considers a "hostile environment" and in turn taking them away, but they have already informed the court here locally that they do not have that concern. My ex is merely having her attorney piggy-backing on a case where both the judge and the plaintiff (DCF) has both admitted they see no reason to take action in regards to my daughter. This is all 100% by my ex-wife's choice.

While I know in time as the programs are completed things will go back to normal, my concern now is the psychological damage the alienation of my daughter will do to her. She has always been "daddy's girl" and sees me as her primary parental figure. My biggest concern at this point is being able to at least have video chat with her on Facetime again a few times a week minimum.

 

[Physx78]

You have posted before and deleted...Why did you do that?

Per my attorney's advice. They informed me to not have any of that information public/online, so I removed it.

 

[CourtClerk]

DCF got involved because my fiance and I have twin boys together and they used the alleged domestic violence as an excuse to take our boys from us and force us to go through their programs in order to get them back. There are a lot of details, but in short, my daughter is in another jurisdiction, is older than our boys (and hence can easily speak for herself), and DCF has no involvement with the case involving my ex. DCF staff even made it clear in court that they did not see a need to take action with my daughter, only the twin boys.

I understand the concerns of my daughter being in what DCF considers a "hostile environment" and in turn taking them away, but they have already informed the court here locally that they do not have that concern. My ex is merely having her attorney piggy-backing on a case where both the judge and the plaintiff (DCF) has both admitted they see no reason to take action in regards to my daughter. This is all 100% by my ex-wife's choice.

While I know in time as the programs are completed things will go back to normal, my concern now is the psychological damage the alienation of my daughter will do to her. She has always been "daddy's girl" and sees me as her primary parental figure. My biggest concern at this point is being able to at least have video chat with her on Facetime again a few times a week minimum.

DCF didn't get involved simply because you have twin boys. DCF got involved because of some specific allegation made against either you and/or your current girlfriend, so what was that allegation and who do you think made it?

 

[Physx78]

DCF didn't get involved simply because you have twin boys. DCF got involved because of some specific allegation made against either you and/or your current girlfriend, so what was that allegation and who do you think made it?

The allegation was made by an officer who showed up to our house after our family counselor asked them to do a "wellness check." In this town, whenever the local police respond to a couple arguing, they always find an excuse to make an arrest and statistically it is almost always the male who is arrested. One of the officer's who responded lied and said my fiance claimed I hit her, when she made it clear our argument was merely verbal the entire time. The other officer who was there also heard that it was only verbal and even disagreed with the arresting officer, but nonetheless I was arrested based purely off the officer's lie. My fiance had to go to the state attorney's office and make it clear it was a lie. So, my ex-wife is using the argument of our incident in 2015 and the incident this year where the officer lied.

 

[stealth2]

So you moved from one small town w/a bias against you to another. Hmmm...

If your 3yo sees you as her primary parental figure, why did you move 2+ hours away from her?

Lastly - DCF didn't take other action wrt your daughter because she doesn't live with you. I suspect that if the shoe were on the other foot (Mom was the one w/DV issues), you'd have done the same she has.

 

[Physx78]

So you moved from one small town w/a bias against you to another. Hmmm...

If your 3yo sees you as her primary parental figure, why did you move 2+ hours away from her?

Lastly - DCF didn't take other action wrt your daughter because she doesn't live with you. I suspect that if the shoe were on the other foot (Mom was the one w/DV issues), you'd have done the same she has.

How does this answer my question in any way? All it is is unproductive, wise-ass comments that show how completely and utterly ignorant you are with your assumptions.

The bias from the last town was due to it being small and my ex knowing every single person in the town. It is 3-4 generations deep there and a population of around 2,800 I believe. The bias from the current town is due to the gender bias of domestic violence. Huge difference there.

I moved 2 hrs away from my daughter to finish college and make a better life for her. My ex didn't file for divorce until after I was already enrolled and in the process of moving. Her plans changed, mine didn't, so I never expected to move away from her as I had.

Lastly, no, I absolutely WOULD NOT have tried to minimize communication between her mother and her because I am well aware of the psychological and emotional consequences it has on a child. Supervised visitation I get for now, but for her to prevent me from seeing my daughter on video chat is purely malicious. That is the main thing I am looking to fix. The judge never should have reduced contact from a father like that. Literally every single thing my attorney's ex asked for, the judge gave her.

All I wanted to know is what I need to do to be able to communicate with her more and get video chat back with her.

 

[Ohiogal]

DCF got involved because my fiance and I have twin boys together and they used the alleged domestic violence as an excuse to take our boys from us and force us to go through their programs in order to get them back. There are a lot of details, but in short, my daughter is in another jurisdiction, is older than our boys (and hence can easily speak for herself), and DCF has no involvement with the case involving my ex. DCF staff even made it clear in court that they did not see a need to take action with my daughter, only the twin boys.

I understand the concerns of my daughter being in what DCF considers a "hostile environment" and in turn taking them away, but they have already informed the court here locally that they do not have that concern. My ex is merely having her attorney piggy-backing on a case where both the judge and the plaintiff (DCF) has both admitted they see no reason to take action in regards to my daughter. This is all 100% by my ex-wife's choice.

While I know in time as the programs are completed things will go back to normal, my concern now is the psychological damage the alienation of my daughter will do to her. She has always been "daddy's girl" and sees me as her primary parental figure. My biggest concern at this point is being able to at least have video chat with her on Facetime again a few times a week minimum.

1) A three year old can NOT speak for herself.
2) Your daughter was in the primary custody of her mother and mother was taking the appropriate steps to protect her.
3) Your words show that you are completely clueless in how this works.

 

[CTU]

For reference.

http://www.expertlaw.com/forums/showthread.php?t=191089

Carrot and all.

 

[Ohiogal]

The bias from the last town was due to it being small and my ex knowing every single person in the town. It is 3-4 generations deep there and a population of around 2,800 I believe. The bias from the current town is due to the gender bias of domestic violence. Huge difference there.

And? Family law is on a county level. Not a town level. Gender bias of domestic violence? Prove it.

I moved 2 hrs away from my daughter to finish college and make a better life for her. My ex didn't file for divorce until after I was already enrolled and in the process of moving. Her plans changed, mine didn't, so I never expected to move away from her as I had.

But you didn't move back. Instead you had more children and got engaged.

Lastly, no, I absolutely WOULD NOT have tried to minimize communication between her mother and her because I am well aware of the psychological and emotional consequences it has on a child. Supervised visitation I get for now, but for her to prevent me from seeing my daughter on video chat is purely malicious. That is the main thing I am looking to fix. The judge never should have reduced contact from a father like that. Literally every single thing my attorney's ex asked for, the judge gave her.

Actually yes. Because visitation is NOT about the parent. It is about the child. And a three year old cannot self protect.

All I wanted to know is what I need to do to be able to communicate with her more and get video chat back with her.

Complete your DCF case and be contrite. Were you convicted or did you plead to anything?

 

[Ohiogal]

The allegation was made by an officer who showed up to our house after our family counselor asked them to do a "wellness check." In this town, whenever the local police respond to a couple arguing, they always find an excuse to make an arrest and statistically it is almost always the male who is arrested. One of the officer's who responded lied and said my fiance claimed I hit her, when she made it clear our argument was merely verbal the entire time. The other officer who was there also heard that it was only verbal and even disagreed with the arresting officer, but nonetheless I was arrested based purely off the officer's lie. My fiance had to go to the state attorney's office and make it clear it was a lie. So, my ex-wife is using the argument of our incident in 2015 and the incident this year where the officer lied.

On the other forum, you stated that your ex girlfriend lied (apparently your now fiancé). Stories change .

 

[Ohiogal]

For reference.

http://www.expertlaw.com/forums/showthread.php?t=191089

Carrot and all.

So he uses illegal drugs (but not in front of the children) and his ex girlfriend (apparently now fiancé) is crazy and violent. And yet, MOM of the three year old is a meanie meanie bo beanie! And *stomp* *stomp* *stomp* -- it is NOT fair to him?