Visitation Guidleline Help Needed

[FLColletti]

What is the name of your state? Florida
**This is a sticky situation**
I recently relocated from my children's hometown to about 4 hours north due to my husbands change of employment. Before our move my 8 year old claimed that his father had been sleeping with his 4 year old brother, which I have custody of, naked. My 4 year old had been exhibiting behavior that was unacceptable and ended up having to report the entire situation to the authorities for investigation. At this time, there have been no criminal charges filed and it seems like there won't be, but Department of Children & Families are continuing their investigation. My boy's father was notified 2 months prior to our move. He never wanted to discuss visitation and never iniciated what he wanted done about visitation. I have been here at our new location for going on 3 weeks now. Last Thursday the father called me assuming that because it was his weekend for visitation (because it was every other weekend) wanting to know where we would be meeting to exchange the kids. I explained because of my current condition (being 32 weeks pregnant) I was not able to meet him at all due to doctor's orders. He flew off the handle and immediately threatened to take me to court to take away custody. I understand that can't happen overnight without a legal fight, which I am prepared for. I allowed him to claim one of the boys on his income tax return this year to help with costs of travel, that was clearly explained and he knew I was not obligated to do such. What is the best step legally to take in this situation? Should continuing to allow the "Open Door" policy that he is welcome to come here to visit them, without extending any overnights until the investigation is closed. I had no choice in the move, neither did my husband. It was move or be unemployed. I can not afford to provide transportation for an unreasonable amount of visitation. I also do not feel that it is fair for the rest of the family to spend every other weekend driving for their brothers for visitation. What is the best way to solve this problem? Any advice is greatly helpful, because I'm at a loss here.

 

[Silverplum]

You haven't read a single thing on this forum, have you? 'Cause if you had, you'd know that you're about to get eaten. The "sticky situation" is ALL your doing, and you may lose custody for it.

Questions you've got to answer to get a valid legal answer:
Were you married to the kid/s father?
Is there a court order for visitation and custody?
Did you properly notify the father and the court of your intention to move?

 

[ENASNI]

ahem...May I add Plum..

please use paragraphs when you respond... if you respond.


and oh yeah...

Duck and cover.

 

[Silverplum]

I explained because of my current condition (being 32 weeks pregnant) I was not able to meet him at all due to doctor's orders.

I had no choice in the move, neither did my husband. It was move or be unemployed. I can not afford to provide transportation for an unreasonable amount of visitation. I also do not feel that it is fair for the rest of the family to spend every other weekend driving for their brothers for visitation.

Those are my two "favorite" parts. Not.

 

[ENASNI]

Rut Roo Raggy

Those are my two "favorite" parts. Not.

Do you think we scared her off?

I hate when I do that...

 

[stealth2]

So............. what does your order say about visitation, transportation, etc?

 

[FLColletti]

I asked for advice and guidance, not a brow beating. You don't know who I am or where I come from to make the accusations you have made. I have had a rough time with this guy. It's problem after problem with him, now I'm dealing with possible molestation on my children by him, the porn addict. His home is NO environment ANY child, yours or mine, should be in! If anyone could offer any suggestions or help, please do so... but the negativity is uncalled for and immature.

 

[FLColletti]

There is no way to file an intention of relocation in the FL Judicial System. The current visitation order we have is for Marion County residents, which I am not any longer. The typical every other weekend and an evening during the week. We need to go to court to have the current order modified due to the change of circumstances. I have been told to wait and let him file and I have been told to file it myself. Which direction I go? His child support has stopped now and he has also cancelled the boys health insurance, both are court ordered that he handles.

 

[stealth2]

So............. what does your order say about visitation, transportation, etc?

 

[FLColletti]

Our current order for visitation is every other weekend, he provides transportation to and from.

 

[joan marie]

From what I have experienced in NY/NJ the latest order dictates what is done. any agreement you can agree to outside of that order is fine until one of you decides it isn't anymore. It always reverts to the latest modification.

joan marie *

 

[VeronicaGia]

The visitation order was written when you lived in the same county. He could easily take this back to court, and insist that you be responsible for all transportation and costs associated with visitation since you are the one who moved.

Did you send him a registered, certified letter regarding your intent to move? If this was just a phone call or sent regular mail, he could argue that you never informed him. And as long as he stays in the county that currently controls the court order, that is where you will be traveling back and forth from to take care of all future disagreements.

 

[CJane]

Our current order for visitation is every other weekend, he provides transportation to and from.

Then I suggest that this is what you adhere to until you file for modification.

If it specifically states that he is obligated to provide transportation, then tell him that you're not meeting him, it's his job to transport the children. I'd be willing to bet he doesn't make the drive.

As soon as possible, speak to an attorney, and file that modification. Be prepared to provide ALL transportation following the mod, because YOU created the distance.

Get the kids in counseling.

 

[inovermyhead]

I am also in Florida...Please, let me start by saying that this is my own personal opinion, what my lawyer has said and what my stipulation says..If you notified him of the move and no change in visitation has been ordered than the current schedule stays in place. While I understand that you are pregnant, i to am 25 weeks, on strict bedrest and unable to work, I would make sure that someone took the kids to the father for me. Now, with DCF, has there been paper work filed that he is to have supervised visitation and no overnights? If so, this changes things. If not, I think from what I know, that you have to do the current stipulation. In my order, it says that I am to take him to dads and it is dads responsibility to bring him back. I would just do what it says until you get a court date to change things.

 

[huntersmommy06]

There is no way to file an intention of relocation in the FL Judicial System. The current visitation order we have is for Marion County residents, which I am not any longer.

Marion County has jurisdiction regardless of the fact that you have moved. You would need to petition the courts to have a change of jurisdiction, however since non residential parent still resides in the county, that would be an uphill battle for you.

http://www.marioncountyclerk.org/in....Family&CFID=2375629&CFTOKEN=57351492&Cerberu

You should already have a copy of Marion County’s Visitation Schedule. However, section 8 states: The Non-Residential parent shall be responsible for all transportation of the child(ren) for purposes of exercising visitation provided that both parties reside in Marion County. In the event that the residential parent moves out of the county, then the parties shall equally split the time and expense of travel.