Who do we sue for visitation/custody

[katzfrog]

What is the name of your state? CA/FL
We live in Ca and my boyfriend has a son in FL. The childs mother left him with her mother. We pay child support to the grandmother after a change of payee was issued. The child support order describes the grandmother as "The caretaker". Who do we petition for visitation/custody, the mother or grandmother? The grandmother has moved and changed her phone #'s several times. We have located her and would like file soon before she moves again. We don't know where the childs mother is.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA/FL
We live in Ca and my boyfriend has a son in FL. The childs mother left him with her mother. We pay child support to the grandmother after a change of payee was issued. The child support order describes the grandmother as "The caretaker". Who do we petition for visitation/custody, the mother or grandmother? The grandmother has moved and changed her phone #'s several times. We have located her and would like file soon before she moves again. We don't know where the childs mother is.

My response:

Since G-mother apparently has legal guardianship over the child, then it would be G-mother.

IAAL

 

[katzfrog]

What state do we file in?

What state should we file in, CA where we live or FL where the child lives?

Thanx, KAT

 

[I AM ALWAYS LIABLE]

What state should we file in, CA where we live or FL where the child lives?

Thanx, KAT

My response:

If the original custody and support orders were signed in California, then you file in California under the same file number and courthouse. If there never were any orders, then you file in Florida, in the county where the child is domiciled.

IAAL

 

[katzfrog]

Visitation vs Custody

We thought that too. I have the papers ready for both states just in case. Should we try and set up visitation first and then file for custody? As far as we know the grandmother has not been given formal custody in court.We have not had a relationship with the child. Not from lack of effort, it took us a long time to find him. We don't want to just rip him away from the only family he knows and I think the courts will frown on that. We would like to slowly move into full custody but are also affraid she will move to avoid us getting custody again.

 

[I AM ALWAYS LIABLE]

We thought that too. I have the papers ready for both states just in case. Should we try and set up visitation first and then file for custody? As far as we know the grandmother has not been given formal custody in court.We have not had a relationship with the child. Not from lack of effort, it took us a long time to find him. We don't want to just rip him away from the only family he knows and I think the courts will frown on that. We would like to slowly move into full custody but are also affraid she will move to avoid us getting custody again.

My response:

See a local Family Law attorney for any further, and necessary, details and/or advice.

IAAL

 

[katzfrog]

Thank you for the info.

 

[rmet4nzkx]

What is the name of your state? CA/FL
We live in Ca and my boyfriend has a son in FL. The childs mother left him with her mother. We pay child support to the grandmother after a change of payee was issued. The child support order describes the grandmother as "The caretaker". Who do we petition for visitation/custody, the mother or grandmother? The grandmother has moved and changed her phone #'s several times. We have located her and would like file soon before she moves again. We don't know where the childs mother is.

So is it your boyfriend or your husband?
Here are many of the facts from your other thread some of which don't jive with what you have stated on this thread.

Where was the child born? You state that paternity was established in CA, so you mean he took the DNA test here or that a paternity action was filed in CA? The child support order is through the FL courts. And as far as you know your boyfriend/husband never filed for visitation or custody??? Why don't you let him ask these questions so we can get the facts?

09-24-2005, 12:37 PM
katzfrog
Junior Member
Can Mother Give Child To Grandmother Without Asking Father
What is the name of your state?What is the name of your state?California/florida

What Rights Do The Grandparents Have As Far As Custody.
My Husbands Ex Gave Their Son To Her Mother.
Without Asking Him.
Can They Do That?
He Is Four Years Old.
He Told The Childs Mother He Would Take Him If She Couldn't Take Care Of Him When She Was Still Pregnant (she Has Drug Issues).
We Live In Ca And They Are In Fl.
The Grandmother Has Told My Husband That He Can't Have Him And Wont Let Him Have Visitation, She States She Is Affraid He Won't Return Him.
They Move Frequently Not Leaving A Forwarding Address And Are Almost Impossible To Contact.
They Have Never Gone To Court For Custody With By Husband.
Can The Childs Mother Just Give Him Away Without Consent From The Father.
He Pays Child Suppport (to The Grandmother) Faithfuly For A Child He Has Never Seen.
They Have Done A Paternity We Know For Sure He Is My Husbands.
I Have Done Some Research And I Am Close To Finding Out Where They Are.
What Rights Do We Have? Can We Get Custody?
The Childs Mother Has Not Been In The Picture For Years.
Last edited by katzfrog : 09-24-2005 at 12:59 PM. Reason: CHANGE TITLE

florida/ca
6 mos after the child was born the mother left and gave him to her mother
my husband tried to keep in contact and arrange visitation
the grandmother told him she would never let him take the child because she did not want him to take him away from her
there has never been a cutody agreement between my husband and the childs mother or the grandmother
we have no idea what arangments have been made between the mother and grandmother-all we know is the childs mom has been gone for awile
he paid child support to the mother from when the child was born 7/01 until 6/04 when it was trasfered to the grandmothers name all done through the Florida court
paterinity was astablished in CA
we dont just want to snach him away from his only provider overnight
we want to astablish visitaton and go from there
can we file for visitation from CA or in FL?
we want to do something before she moves again

katzfrog
who do we sue for custody
florida/california

Who do we sue for custody? The mother who is absent or the grandmother whom the child was left with and recieves his child support?

 

[katzfrog]

I have no response for you. Erogence does not represent intelligence.

 

[I AM ALWAYS LIABLE]

I have no response for you. Erogence does not represent intelligence.

My response:

Pssst. For your future edification, if you're going to use "big" words, coupled with the word "intelligence," it might help if you spelled the word correctly; i.e., it's spelled "arrogance."

Just a quick tip.

IAAL

 

[stealth2]

God, I need coffee. It took me a while to realize that "erogence" was supposed to be "arrogance" and not something to do with erogenous zones.

 

[rmet4nzkx]

God, I need coffee. It took me a while to realize that "erogence" was supposed to be "arrogance" and not something to do with erogenous zones.

Hummmmm and where that Erogrnous zone might be? Don't you just love these questions from OP's who are spouses first and then only "friends" a month later and don't know the facts.

 

[IrishLady47]

My response:

Pssst. For your future edification, if you're going to use "big" words, coupled with the word "intelligence," it might help if you spelled the word correctly; i.e., it's spelled "arrogance."

Just a quick tip.

IAAL

LMAO That caught me so suddenly, I spurted coffee all over my screen

 

[rmet4nzkx]

Don't you love it when they don't answer questions and change facts and start a new thread?