moving out of town

[Jodi0826]

You are right oberauerdorf
Children aren't possessions, thats why it is sick that her real father will let me take her if i pay him, thats a real good dad isn't it. Just because you gave life to a child by fertalizing an egg doesn't make you a father!!!! It's a shame that US Law can't see that as well.

 

[oberauerdorf]

Just remember, law has nothing to do with this. You laid down with this guy. And until you decide to stop throwing stones, you are no better than he is.

After all, you're the one contemplating committing a crime.

 

[tigger22472]

Until you know the man known as my step daughters father don't speak about what that man deservers.

I'm going to use some of the same quote as Obi but use the part that sticks out most to me on this. We don't have to know JACK about this father other then what the court orders say about visitation. This is a LEGAL site... not a site for you to sit and tell us what a horrible person your wife's ex is. If that was the case I could keep you here for days telling you stories. The bottom line is this is the child's father and unless you can prove him unfit ... which is hard to do... he always and forever will be her LEGAL father.. regardless of emotion. We don't deligate what your step-daughter deserves.... THE LAW DOES.

 

[Jodi0826]

The whole reason i am seeking advice oberauerdorf
is so i DON'T commit any crimes!!!! If I new the law I wouldn't Be at this site asking for help.

 

[oberauerdorf]

O.K. I can respect that.

So, what are you going to do now?

You know that you can't just up and leave without committing a minimum of parental kidnapping.

You know that once you move out of the jurisdiction of the court that issued the custody order, you risk not only pissing off the ex, but the court as well, causing you to be subject to arrest and at the worst, losing custody.

You know that the child has a father and he doesn't live in Canada.

And, you know that the courts now have jurisdiction over that child, NOT you and NOT the father.

Any ideas?

 

[Jodi0826]

my next step is as we speak I am at the Family law website for miami dade county and hopefully i can bring my case to a judge. If all my ex is asking for for me to have permission to leave is that he doesnt have to pay child support anymore and he wants money from me, hopefully the judge will see that he is not looking at my daughters best interest but on how to make a buck. I don't know if his history will be in front of the judge but I am hoping that it will and have a factor in the decision. I am only asking to leave for 10 months to a year while my husband gets his pardon. I even already told him that I would sign a document stating that I will be returning to the US. We have been told from the US immigration attornies that once the pardon is granted which should take about 10 months we will have no problems with my husband becoming a resident. We also already contacted the people in Canada regarding the pardon and found that he is definetally eligable. The main reason he is deported is that he crossed the border while immigration was still in review of his case. US Immigration law states that if you leave the country then the application is Void. Unfortunatelly he had no choice but to go to his son in the hospital. I came to this forum to seek advice on what to do. I am not trying to break any laws I am trying to do things the right way.

 

[oberauerdorf]

Then why should a judge believe that you will return in a year?

You see where I'm going?

IF what you say is true, then forget bringing in front of the judge anything about the ex. This is not about him, it's about you.

You are the one that wants to move. Even for a short time. It's still a move out of the jurisdiction of the court.

The ONLY way I see that you will stand a chance is to sign an agreement with the ex and the court withdrawing support for the time you are gone AND posting some sort of bond to guarantee that you will return.

Mind you, this is ONLY an idea. I doubt the judge will be pursuaded. But it's the only way short of leaving the child behind with the father.

 

[tab62]

Read the Order

What does your Order state? Some have in writing no moving of the child. If it does state it then he has up to so many days to file in writing to the court to bring the child back. If there isn't any thing in the order the you might be able to move without is permission...

 

[oberauerdorf]

What does your Order state? Some have in writing no moving of the child. If it does state it then he has up to so many days to file in writing to the court to bring the child back. If there isn't any thing in the order the you might be able to move without is permission...

Really? And what do you propose this woman do when, after being detained at the Canadian border, her passport confiscated, the cuffs around her wrists and the child taken from her, she is shipped back to a jail cell in Florida and the child send to the ex?

This is an INTERNATIONAL move. Please make damn sure you know what you're talking about. Because what you just posted is not only wrong, it's very dangerous and WILL land this woman in jail.

 

[tigger22472]

Re: Read the Order

What does your Order state? Some have in writing no moving of the child. If it does state it then he has up to so many days to file in writing to the court to bring the child back. If there isn't any thing in the order the you might be able to move without is permission...

and do you propose the child flies from Canada EOW to visit? FIrst off she DOES need permission to move out of the jurisdiction... secondly she has to comply with visitation.

 

[tab62]

You're right. Communication would be the next thing. If he hasn't paid child support lately maybe he would be willing to work out something although Child support and custody are two separate issues.

 

[Jodi0826]

oberauerdorf,
my ex already told me (if I can believe him?) that if I told the support enforcemnt that I will withdraw my request for child support that he would let me go. But he also wants me to give him support when i told him I would fly down with her to visit while I was away, I can't imagine me having to pay him support for visitation with his daughter, but then again I am surprised every day by the law.
So hopefully if I understand you correctly, I will go infront of the judge and not mention anything about my ex. Just explain my situation and state I am willing to relinquish child support,m and sign any forms saying I will return to the US. Hopefully this will work. Do I just go down to the court house and file a request to see a judge?

 

[tigger22472]

oberauerdorf,
my ex already told me (if I can believe him?) that if I told the support enforcemnt that I will withdraw my request for child support that he would let me go. But he also wants me to give him support when i told him I would fly down with her to visit while I was away, I can't imagine me having to pay him support for visitation with his daughter, but then again I am surprised every day by the law.
So hopefully if I understand you correctly, I will go infront of the judge and not mention anything about my ex. Just explain my situation and state I am willing to relinquish child support,m and sign any forms saying I will return to the US. Hopefully this will work. Do I just go down to the court house and file a request to see a judge?

Both your ex's request and his 'deal' are more then likely not going to happen. It's highly unlikely that they will let him get out of the support, even if you agree.... besides they would see through the plan you guys have.

 

[Jodi0826]

I dont understand tigger22472 what plan?

 

[tigger22472]

The plan I'm talking about is the plan that you have to drop all support that could be used if NOTHING else but saved for your child to have a higher education and the plan that he has to get out of his obligation to pay support for his child... What you BOTH don't realize is that the child is the one that misses out. You and your husband can come back and say what a horrible man he is ETC... I don't care.... a move that far leaves NO room for him to be a parent... PERIOD... and it's placing your child right dead in the middle of this and she loses the RIGHT to have a relationship with her father.