Legal issue to change physical custody?

[father411]

What is the name of your state?undefinedWhat is the name of your state? Florida

Hi,

Let me first say that any advice given is truly appreciated. I have an ex girlfriend with whom I had a child wih. She stayed with her mother, but saw me reguarly for two to three days every week. Due to major health problems, I never really complained to the mother that I wanted to see my child more. Over the last year, we have been to mediation, and because of the fact that my child has been in her mother's home since she was born, my lawyer said that it was very unlikely that I would be able to get joint physical custody of my child. I have been married, and my child enjoys being in my house. However, I did agree to go ahead and just get visitaion. However, now the mother is not giving my her medical and school information. I have not recieved her last report card, and was not infromed about school outings that were available. I have told the mother, but she still keeps doing it. Through mediation, my ex was told that because she has primary physical, that she would need to keep me informed about my child's medical and school info. I wanted to know if these denials of this info is a basis to try again for joint physical custody again. I am able to watch my child with the help of my wife, and think that my child would adjust to being with me every other week. I know that my ex will refuse to do this, and during the time when we were going through the court, refused to let me have my child overnight and for not longer than 3 hours on the days she did agree for me to see her. I love my child, and I truly believe that if joint physical custody was given I would be able to also get mail from the school, and would have more opportunity to know what is going on in my child's life. Thank you in advance for any advice, yet again.

 

[SMURFEELAW]

You should have a right to that information anyway and the Courts will probably tell you that, so a change in custody for that reason may not go over well. Look at the laws regarding school and med info and print it out then go to the school and the doctor and demand the information, it is your legal right. I wanna say it is FERPA (?) can't remember just now but many on this website will be able to tell you exactly where to look. Good Luck

 

[nextwife]

Sure, why not try filing for joint physical custody as well? You are the OTHER parent, if the child is still young, it should be an easy transition. My child didn't even know either of us at all until she was more than 2 years old. How old is your child?

 

[LdiJ]

Sure, why not try filing for joint physical custody as well? You are the OTHER parent, if the child is still young, it should be an easy transition. My child didn't even know either of us at all until she was more than 2 years old. How old is your child?

I am not certain, but I think that Florida is one of the states where the judges traditionally don't give 50/50 orders unless the parents are in agreement to that....because of the high amount of cooperation necessary to make it work.

Also, unless I misunderstood him it sounds like he doesn't even have overnights right now. I would be very surprized to see a judge take a child from a no overnights situation straight into a 50/50 arrangement...with no other basis than the fact that he isn't getting school and medical information from mom.

He might be better off fighting for joint legal custody, overnights and as liberal a schedule as he can get. Joint physical could be a "phase two" sort of plan.

 

[father411]

More info

I am sorry. I should have been more specific in my first post. After mediation, she did agree to do every other weekend and we do have joint legal. What I was basing my idea of modificataion is that she is "breaking" the agreement because she is not giving me legal info on our child. She gets all the mail concerning my child, so I have found out things have happened weeks after my ex has been told about. The only reason that I agreed to the mediation agreement was on the strong advice of my lawyer that my chances of getting joint physical was slim to none because of my child's age, which was 7 at the time.

I feel that the arrangement now still does not give me the time that I need for my child. Her mother works, and a lot of the time my child is watched by her family members. I am able to take care of her full time if I wanted to, but I want to share parenting with my ex, seeing that my child needs BOTH of us.

 

[snostar]

Contact the school and doctor yourself. Speak to your child's teachers and ask them to keep you updated. I provided my sons school with self addressed stamped envelopes, and they sent me weekly letter, report cards, ect. When was the last order signed?

 

[stealth2]

Yeah, I don't see this as being such a huge issue. Should she provide the info? Yeah, she probably should. Is there NO other way for you to get it? No - you've got the right to contact the school and request copies of everything. Assuming it's a public school, you should have little trouble. This really isn't a hill worth dying on.

 

[father411]

yet more info

The order was signed earlier this year, and I do understand that I can get the info from school, the doctor is a bit different because of the fact that I will not know about appointments that my child has unless my ex tells me about them. I am trying to find ways to modify the custody I have now. I live within 5 minutes of my child, and would like her to be with my half of the time.

 

[snostar]

The denial of information is definitely not enough grounds to order a change of custody. Besides, the order was just signed this year, you really have no "change of circumstance" to present to the court. You can file contempt, and even if you can prove she denied the information she will get numerous slaps on the wrist before a judge will likely issue a more serious consequence (which may never happen either).