Hi, I'm writing in for a friend;
Both CP and NCP live in the state of FL, and are STILL married. There is no C.O. for custody/visitation, but there is a C.O. for CS for 2 small kids. NCP has had children 50% of time, and never had probs visiting kids....That is, until now...
CP just told NCP about plans to move out of state with the kids, to marry an internet lover whom CP and kids have never actually met, (other than web cams)! NCP is worried sick and doesn't know how to STOP this from happening.
1. can NCP file emergency (ex parte) hearing even though no visitation order has been established?
2. If NCP cannot legally stop CP from moving, will CP be responsible for all transportation cost once visitation is ordered?
3. Can NCP file for visitation without having to file for divorce?
4. Does anyone know the names of the forms to file in fla?
Are they in the middle of the divorce procedings? If so I would let her go and not show up to court and get a default. Or he can motion the court to not let her.
I DO NOT understand how there could be a CP/NCP designation absent a court custody order. Regardless, she can not be prevented from leaving (should be encouraged) but CAN NOT TAKE THE CHILDREN NO MATTER WHAT. Most rational people would not move children in with a complete stranger miles away from home as a proper environment. Seems the children require protection.
Seems info is missing...if he was ordered to pay cs, then it would seem there has been some agreement/designation of primary residential, at least for now.
Does they have attorneys?
Absent a court order, she can leave the state with the children. He needs to file for divorce and primary custody and a motion to block the children from leaving the state.
FL has a intent to relocate which must be followed, notification to the NCP of the intent to move. If the NCP objects, he has 30 days to file a very specific objection to the relocation with the courts and on the CP. Then a hearing has to be held, but that is all contingent on where they are in their proceedings....
He needs to get moving on this.
Yes and absent a court order HE can keep the children in the state and there would be a host of favorable justifications for doing so not the least would be for the protection of the children and because he is their father.
And absent a court order He can go anywhere in the world with the children.
Seriously, the father should lash on to the kids and not allow the mother access for fear she would flee to parts unknown with the kids.
Just an FYI to everyone...it IS possible to have a CO without determination of CP/NCP, because we had one. Long story, but when I fled DS's dad after he assaulted me (DS was 1 y.o.), he filed a paternity action in CA, which forced me back. Since I was flat broke when I got back to CA and we went to court the next day, I didn't have a chance to hire an atty. and was too stressed to even protest it. So we walked out of the courthouse with a one paragraph, one sentence custody order that simply stated we both had joint physical and legal custody. That was IT.
Two years later, after we'd all moved to IA, DS's dad took off with him without my knowledge. Since ex was a Canadian citizen, I was worried that he would try to take DS across the border, but when I contacted the FBI and read them the current order, they stated there was nothing they could do, as the order gave BOTH of us equal rights. They were eventually found back in CA and that's when the 'fun stuff' started....
Weird, I know, but true......
In this case, it would be beneficial to know the exact wording of the current order...that will determine how to proceed from here.
Kitty... I did not know what happened in your case just what the OP posted as follows :
"Both CP and NCP live in the state of FL, and are STILL married. There is no C.O. for custody/visitation, but there is a C.O. for CS for 2 small kids. NCP has had children 50% of time, and never had probs visiting"
Additionally, I used the wording "absent a court order" which is what was posted.