Mediation agreement

[syskjw]

What is the name of your state? Fl.
I have primary custody of my daughter and the mother has co custody getting her everyother Friday thru Monday. My daughters mothers husband has 2 warrants for his arrest and she has been leaving my daughter in his care while she is at work. When I found out about the warrents I told her that my daughter is not to be left alone with him until the warrents are taken care of. But she still keeps leaving her with him. I have tryied to report him with the Sherriffs office but I have to have his birthdate to report it. His warrents are for fraud/ wriiting bad checks and violation of probation drug possesion. I cant keep my daughter from going over to visit her mother during her visitation because its not the step fathers visit. And he is not present when I drop my daughter off so I can not call the police. Is there something I can file with the courts about this.

 

[Zephyr]

do you have first right of refusal in your court order?

 

[Gracie3787]

What is the name of your state? Fl.
I have primary custody of my daughter and the mother has co custody getting her everyother Friday thru Monday. My daughters mothers husband has 2 warrants for his arrest and she has been leaving my daughter in his care while she is at work. When I found out about the warrents I told her that my daughter is not to be left alone with him until the warrents are taken care of. But she still keeps leaving her with him. I have tryied to report him with the Sherriffs office but I have to have his birthdate to report it. His warrents are for fraud/ wriiting bad checks and violation of probation drug possesion. I cant keep my daughter from going over to visit her mother during her visitation because its not the step fathers visit. And he is not present when I drop my daughter off so I can not call the police. Is there something I can file with the courts about this.

Whoever it was at the Sheriff's office who told you that you need a birthdate to report is full of it. Go to the Sheriif's office and ask to speak to the clerk in the warrants section. If they won't take the info from you, go over thier head, all the way to the actual Sheriff if you need to. Anyone who has knowledge of a wanted person's whereabouts can make a report, all they need is the person's name, the rest is the job of the deputy/officer that it's reported to.

 

[syskjw]

the only thing in the mediation agreement is failure to exercise, no waiver the right of the parent with whom the minor child does not maintain primary physical residence at the time to have contact and access with the child is the right of the parent and failure to exercise such right on any paticular occassion shall not be deemed to be, nor constitute, a waiver of that parents right thereafter to full compliance of the provisions hereof. Shared Parental Responsibility each of the parties recognizes the deep love, devotion and dedication of the other to the minor child. Each of the parties also feels that the other party is fully capable and competent to raise the minor child and to make a home for them where she can grow up in a wholesome, loving and harmonius atmoshere. Each recognizes that the other has a right to and shall fully participate with the other and with the child in all important matters pertaining to the childs welfare, education and upbringing.
And I went to the Clerk of Courts with the copy of the record showing he has a warrent and had a paper notarized stating his address and he has been there since this date, seems how I has not getting anywhere with the Sheriffs office.
As far as this matter with leaving my daughter in the care of someone that has warrents to me is not competent and is not looking out for the welfare of the child. She can leave my daughter with her parents which would happily keep her while she is at work. Is there a form that I can file with the family courts for a magistrate or someone to review this matter?

 

[Gracie3787]

Is there a form that I can file with the family courts for a magistrate or someone to review this matter?

The family law forms can be found at www.flcourts.org click on self help, law forms.

 

[CJane]

What, exactly, is your concern?

Are you concerned for the child's physical safety?

Are you only concerned when the mother isn't there, but not at all concerned when she IS there with this same criminal?

Would you be just as concerned if she was leaving the child w/a 'strange' man if he DIDN'T have warrants out on him?

I'm not trying to be mean, but you haven't really stated anything that you can use in court to change visitation. The guy has a couple of warrants out - but they're not for violent crimes, you haven't indicated that he's a danger to the child, or might be a danger to the child in the future, you haven't stated that there's been an incident where he's shown he's not capable of providing care for the child... what, exactly, are your concerns, and what would you like to have happen?

 

[Just Blue]

What, exactly, is your concern?

Are you concerned for the child's physical safety?

Are you only concerned when the mother isn't there, but not at all concerned when she IS there with this same criminal?

Would you be just as concerned if she was leaving the child w/a 'strange' man if he DIDN'T have warrants out on him?

I'm not trying to be mean, but you haven't really stated anything that you can use in court to change visitation. The guy has a couple of warrants out - but they're not for violent crimes, you haven't indicated that he's a danger to the child, or might be a danger to the child in the future, you haven't stated that there's been an incident where he's shown he's not capable of providing care for the child... what, exactly, are your concerns, and what would you like to have happen?

What if this guy is arrested while the child is in his care? I think OP has a very valid concern!!

 

[CJane]

What if this guy is arrested while the child is in his care? I think OP has a very valid concern!!

He didn't articulate that concern though - and he seems to actually WANT to have the man arrested while he's dropping the child off. Hence my questions.

If he wants to file 'something' or 'some form' with 'the magistrate or someone' - he's going to have to articulate his concerns a WHOLE lot better than he's doing here. Yes? And... saying "he might get arrested while my child is there" ain't gonna cut it. It's just not.

So, he needs to be able to tell 'us' what EXACTLY he's worried about or no one can help him determine if he can/should file ANYTHING, let alone WHAT he should file.

 

[syskjw]

to answer your questions. Yes he has been known to be not safe. That is one of the reasons why I am the primary parent. The mother admitted in court that he does not pay attention to her, he has driven a vehicle under the influence of alchol and has violent tendencys but not to my daughter. In the original mediation agreement the judge ordered that no one is to consume alchol within 8 hours of having her. In 2004 they had a domestic violence with children but my daughter was not present so it is not relavent. However I do feel that if a party knowingly leaves a child with anyone that is wanted is a concern for anyparent. I also found out today he has no license to drive and mother has been letting him drive with our child. Who the mother chooses to be married to is none of my business but when she puts my daughter in positions that could possibly not be safe there is a issue. The visitation is the mothers not his. And I has told if I see him to call the police by the Clerk Of Courts.

 

[syskjw]

I spoke with the attorney that handled my custody case on Friday. He told me that there is nothing I can do about it other than have the child memorize our number. He stated I could go back to mediation and add more detail to the agreement such as mother and father agree they will not drive with daughter in the car if license is suspended, neither party will knowingly leave child with parties that have warrents ect... with stipuations to say if this happens this number of times visitation agreement will **************.....But mother will have to agree about it.

 

[LdiJ]

the only thing in the mediation agreement is failure to exercise, no waiver the right of the parent with whom the minor child does not maintain primary physical residence at the time to have contact and access with the child is the right of the parent and failure to exercise such right on any paticular occassion shall not be deemed to be, nor constitute, a waiver of that parents right thereafter to full compliance of the provisions hereof. Shared Parental Responsibility each of the parties recognizes the deep love, devotion and dedication of the other to the minor child. Each of the parties also feels that the other party is fully capable and competent to raise the minor child and to make a home for them where she can grow up in a wholesome, loving and harmonius atmoshere. Each recognizes that the other has a right to and shall fully participate with the other and with the child in all important matters pertaining to the childs welfare, education and upbringing.
And I went to the Clerk of Courts with the copy of the record showing he has a warrent and had a paper notarized stating his address and he has been there since this date, seems how I has not getting anywhere with the Sheriffs office.
As far as this matter with leaving my daughter in the care of someone that has warrents to me is not competent and is not looking out for the welfare of the child. She can leave my daughter with her parents which would happily keep her while she is at work. Is there a form that I can file with the family courts for a magistrate or someone to review this matter?

Here is the deal....in the eyes of the police his warrants are maybe not serious enough to put forth any special effort to bring him in. Therefore they expect to eventually pick him up at a routine traffic stop or some other way. However someone else mentioned that you can move up the chain of command to get them to act on a warrant, and that may be the best course of action if its important to you.

There is little chance that they police are going to come knocking on the door to pick him up when your child is with him, but I really DO understand your concerns.