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Topics - SuperDad52

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1
Father's Issues / Old papers vs new papers, what's right?
« on: Apr 10, 2011, 02:52:29 PM »
Ok, this is how it all worked out.  Ex and I went to court long drawn out process but now its over.  She got what she wanted and the judge allowed her to move from FL to N.Y.  However, she decided that she isn't going to move until after summer. The final hearing was in Jan., I received papers in the mail stating the new visitation schedule dated Feb 25th.  It also states
5. "Except as otherwise specifically set forth herein, all prior orders and judgments of the Court shall remain in full force and effect.
6."The Court reserves jurisdiction over the parties and subject matter of this proceeding for purposes of enforcement and modification.
    Then it is dated and stamped with GM's name.

The visitation schedule states that I get my son for spring break on odd number of years and she does for even number of years.  Also, my summer visitation is the first 4 weeks of the summer.  Our old order states that I don't have any spring break visitation and I have 2 weeks during the summer.

Now, with all that said.  Ex told me today that I'm not getting my son for spring break and I'm only getting him for 2 weeks during the summer because she said that we don't have to abide by the new order until she "MOVES" and if she never moves then we'll always go by the old order and my "Limited" visitation will remain in effect.  Does this sound right?

Thanks!!

2
Change of custody is warranted at this time, as mother is moving out of the state to be with her new husband who resides in New York.  It would be detrimental for the child to loose the current relationship with his father as his father is now and has always has been a part of the child’s life.  Father will encourage contact with mother with very reasonable visitation as well as having access to extended family members on both sides. Father feels it would be in the best interest of the child to stay in Florida with his father as he will be able to have continual contact with the same family members, friends and extra curricular activities in a place he has grown up his whole life.

Mother is leaving our home state of Florida to live with her new husband in New York where there is no family, friends or transfer of employment.  The relationship of child and his new step-father is very new and mother is putting that relationship before the needs of our child; such as stability and time with his father.


If relocation is granted the feasibility of preserving the relationship between the father and child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing; the likelihood of compliance with the substitute arrangements by the mother once she is out of the jurisdiction of the court is highly unlikely due to mother’s non-compliance with the current order.  It is of great consequence, because it shows that she is likely to violate the order once she relocates.



I'll take any advise (as always)

Thanks

3
I filled a motion for civil contempt of court on my ex for dening my weekend visitation a few months ago and filed again last month for the same thing.
I've been reading and it looks like I have to
..file a motion for referral to General Magistrate..
..file Order of referral to General Magistrate..
..Notice of Hearing before General Magistrate..

Now, I'm typing my motion for referral to General Magistrate.  I was cheating, I was looking at the motion for referral to General Magistrate that her attorney sent me (I want to sound at least a little professional)
She and I are going through the court system because she is trying to relocate w/my son to N.Y as you may have read around here.
As I was reading the motion for referral to GM that she sent me it says

"As required by 13th Judicial Circuit Administrative Order S-2007-116 dated September 4, 2007, the former wife files this motion for entry of an order of referral to general magistrate for futher proceedings pursuant to applicable florida statutes (2007), Florida Family Law Rules of Procedure and current local Administrative Orders for resolution of the issues raised in the former husband's Motion for Civil Contempt/Enforcement and objection to Mother's anticipated relocation of the minor child out of the State of Florida."

See the bolded phrase.....
Do I need to file anything? Is my motion for contempt going to be heard at the same time (Hearing set for March 22nd) her motion to relocate out of state and is this best? Should I go ahead and file the motions and orders I've been reading about and do it my self or wait until March and discuss both contempt fillings and objection for her relocation?

I need to do what's in my best interest, what makes me look the best to the courts as she has an attorney and I do not.  I found an attorney I'd like to hire but OH MY $$$$$$$$$   

Thanks for your help!!!
SuperDad :)

4
Father's Issues / What should I do and also is this legal?
« on: Oct 22, 2009, 02:29:45 PM »
My ex-wife is getting married on Nov. 7th which is my weekend.  We do not get along at all and she refuses to co-parent w/me.  I know my son (10) wants to go to the wedding.  Last night I sent my ex a text message and asked if she wanted to switch weekends so our son can go to her wedding, she can have him on my weekend (her wedding) and I'll get him on the following weekend (hers).  She's text back talking backwards and said that she let me have him on her weekend last Nov. 8th when I got married and also on my scheduled weekends.  I reply no that isn't true we scheduled our wedding on our weekend.  Well, at the end of the texting she told me "U can tell your son he can't be in our wedding".  I said "I knew that was coming, Okay". And she finished up with " ;) ". I said nothing after that. The way things have been going is she schedules things on my weekend i.e. her daughter’s b-day, sleep overs w/his friends and now her wedding.  I always try to work it out and tell her fine he can go to whatever she has pumped him up for if I can get him on the next weekend (her weekend) and she never agrees to that.  Then I have to tell my son he can't go.  As she say's "you can tell him he can't go, it's on you, it's all on you". She always put me in this situation.
I'm not sure what to do. I'm so mad she won't work w/me and let me see my son if I let him go to her wedding that I'm not sure if I'm going to let him go (which I may not have a choice, she probably won't let me have him anyway).  If she keeps him on my weekend that makes it a month w/o him at my house and I don't like that idea.
What are your thoughts??


Thanks!!!



Also, problem #2.  In my divorce decree it states that I have to pay half of extra curricular activities, that's it no time line or payment form, just pay 1/2 directly to mother.  She signed him up for baseball and I told her to give me a copy of the receipts that she has for sign ups and the gear she bought for him and I would pay half. I found out she signed him up for baseball when I picked him up for my weekend and she sent me a text telling me to have son at field for bb practice at certain time.  I tried to pay her but she refused my money telling me I need to pay with a money order (to me this is weird).  She is trying to make it out that I'm not going to pay her (I assume) to build her case that I'm not a worthy father and she can move to N.Y with this guy she is marring and who currently lives there. So I felt I had to document me paying her because she will not take my money and will not sign the receipt I made for her to sign.
I took video of my trying to pay her.  I put it on youtube for my sister to see.





Question #2
Is it legal for me to put this video up like this?  youtube.com/watch?v=nR25acEkXsc

Thanks!!


5
My ex-wife informed me she is getting married (in Nov.) and moving out of the state of FL to NY.  Her “rich” (sugar daddy) man paid for an attorney and served me with a notice of intent to relocate with child.  We have a 9 year old son.  I don’t have the funds for an attorney so I’ve been spending a LOT of time reading on the internet. 
Her intent to relocate states
"The step-father's financial situation will allow the mother to concentrate all of her time on the minor child, Name and assist him with his emotional and educational development without concern for being employed and the schooling system is far more superior in NY than he currently attends".   <~~~~ which is a B rated school
She has already quit her part time job.
To inform you as my son completed the 3rd grade and he has been absent 55 times and tardy 88 times. Car rider one mile from school. Not very good in my opinion.  I raise a step-daughter that went from ADD when I met her 6 years ago to an honor roll student now.  I did file an objection to the relocation.  I’m married stable and my wife has been in his life as far back as my son can remember.  We have been in his life as much as my ex will allow us.  She is always in contempt (which we will be going to mediation in 3 week for) and sense the relocation thing popped up a few months ago my son and my relationship I feel like is taking a beating.  When he is with me everything seems to be fine but when he is with his mom it’s like I’m talking to someone else’s kid.  Nearly every conversation with my son is monitored/speaker.  He always has something else (fun) to do on my weekend and his mom schedules events on my time, i.e. her daughters bday party and her wedding (coming up in Nov.) just to name two.  I didn’t schedule my wedding on her weekend. She always bad mouths me in front of my son.  Cursing and yelling.  Telling me he don’t like me, don’t like my house, I never do anything with him, he would rather her bfriend be his dad and not you (fyi, she has said the same thing about the last couple of boyfriends too, she’s had a few).  All kinds of Crazy things I know are not true, I think she is trying every effort to program him.  He and I have a Great relationship at my house.  She is programming him in a major scale and I feel hurt.  It’s getting so bad I’m now wondering if she’s fit enough to raise him.  I have been keeping a very good journal for the past 5 ½ years.  I have almost everything documented!!  From the 19 moves in 8 years to the 82 “documented” accounts of denied visitation, to the 57 “documented” denied phone calls (I know the phone calls are probably triple that but that is documented) to the denied summer visitations.  I could go on and on!
She also sent me a motion for social investigation of the minor child.  I believe that is why she has been programming him so much lately.  Trying to get him to say he don’t like me and want to move to NY in the “Big House” as she put it.  In fact she told him it’s my fault if they can’t move up there into the “Big House”.
I’ve been doing a lot of reading about the parenting plan.  I think it would be in my son’s best interest if I spent more time in his live (he needs the stability), I currently have every other weekend and any time in between that we agree upon which is usually an No from her.  I like the idea of 7 day rotation, Friday to Friday.  I’m thinking about presenting this to her in mediation, which I know what she will say about that. Absolutely NOT!!

My Question:
How do I go about going from my every other weekend visitation into the 50/50 parenting plan? 
Do I need to serve her with a motion of some sort? What are my chances in FL?
Do I bring it up in (contempt) mediation that I want the 50/50? 
Do I have to pay half for the "social investigation" which she is requesting?
She has an attorney I don’t.  All I want to do is see my son more and be a part of his life.  He needs it!
Also, I have witness to a lot of the bashing and cursing me she dose to me in front of my son. 
Will I be able to use them anywhere?  Will they help my case for the parenting plan?
Thanks for all advice!!

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